Entities with patent-related relationships with state universities scored a victory under the rarely implicated (at least for patent practitioners) doctrine of sovereign immunity. For patent holders, sovereign immunity comes...more
7/29/2020
/ Eleventh Amendment ,
En Banc Review ,
Federal Rule 12(b)(1) ,
FRCP 19(a) ,
IP License ,
Joinder ,
License Agreements ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Sovereign Immunity ,
State Universities
A recent order from the Northern District of California provides patent practitioners interesting guidance regarding conduct during licensing discussions—and may be a cautionary tale to potential licensors engaged in...more
On May 10, 2018, Magistrate Judge Payne reconsidered his previous March 2018 order which had vacated a jury award, and granted plaintiff Ericsson’s motion for reconsideration. The May ruling makes clear that the accused...more
5/16/2018
/ Contract Interpretation ,
Contract Negotiations ,
Ericsson ,
FRAND ,
Georgia Pacific ,
IP License ,
Jury Awards ,
License Agreements ,
Patent Infringement ,
Patent Litigation ,
Patent Royalties ,
Patents ,
Royalties ,
Standard Essential Patents ,
Willful Infringement
On April 18, 2018, the International Trade Commission (“Commission”) reversed an Administrative Law Judge’s (“ALJ”) finding that a litigation funding agreement destroyed standing for a complainant at the ITC. In Certain Audio...more
4/27/2018
/ Administrative Law Judge (ALJ) ,
Article III ,
Corporate Counsel ,
Exclusive Licenses ,
Initial Determination (ID) ,
International Trade Commission (ITC) ,
IP License ,
Litigation Strategies ,
Patent Infringement ,
Patent Ownership ,
Patents ,
Revenue Sharing ,
Standing
On March 20, 2018, the public version of Eastern District of Texas Magistrate Judge Roy Payne’s March 7, 2018 order tossing a $75 million jury verdict obtained by Ericsson against TCL Communication was released. Ericsson...more
4/2/2018
/ Ericsson ,
Expert Testimony ,
IP License ,
Patent Infringement ,
Patent Litigation ,
Patent Royalties ,
Patents ,
Royalties ,
Smartphones ,
Standard Essential Patents ,
Willful Infringement
In an interesting order issued recently in BroadSign International, LLC v. T-Rex Property AB, Judge Swain of the Federal District Court for the Southern District of New York dismissed the Plaintiff’s declaratory judgment of...more
In keeping with recent erosion of patent rights, patent owners’ power to control the post-sale use and sale of their patented products was severely limited this week by the U.S. Supreme Court in the highly anticipated case...more
6/1/2017
/ Breach of Contract ,
Exports ,
Foreign Sales ,
Imports ,
Impression Products v Lexmark International ,
IP License ,
Patent Exhaustion ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Resales Agreements ,
SCOTUS ,
Single-Use/No Resale Restriction ,
Stream of Commerce
On February 12, 2016, the Federal Circuit Court of Appeals issued a decision confirming two important aspects of the doctrine of patent exhaustion in the anticipated en banc decision in Lexmark Int’l, Inc. v. Impression...more