After four years of litigation, Australian-based CAP-XX, Ltd. finally commenced its patent infringement trial this Monday against Maxwell Technologies, Inc. before Judge Jennifer Hall and a Delaware jury and is set to end on...more
It is hard to go more than one or two days without reading a headline in the news or on social media about Elon Musk’s Tesla. Perhaps as a sign of what is to come as the push to carbon-free vehicles continues, the EV...more
In litigation news . . .
For the third consecutive month, Tesla finds itself involved in a new patent infringement lawsuit, this latest time as a defendant in an action filed by Graphite Charging Company LLC on August 4,...more
8/31/2023
/ Advanced Batteries ,
Charging Stations ,
Department of Energy (DOE) ,
Electric Vehicles ,
Energy Sector ,
Inflation Reduction Act (IRA) ,
Patent Infringement ,
Popular ,
Rare Earth Metals ,
Supply Shortages ,
Sustainability ,
Tesla
In technology news . . .
Darling Ingredients Inc. (NYSE: DAR) and Valero Energy Corporation (NYSE: VLO) recently announced that the companies had made the final investment decision on a sustainable aviation fuel (SAF)...more
3/24/2023
/ Advanced Batteries ,
Clean Energy ,
Electric Vehicles ,
Energy Sector ,
Hydrogen Power ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Sustainability ,
Toyota ,
USPTO
In U.S. technology news, Heliogen, Inc., a renewable energy technology company, recently announced its selection to receive a $4,100,000 award from the U. S. Department of Energy’s “Solar Energy Technologies Office” to...more
12/14/2022
/ Appeals ,
Damages ,
Department of Energy (DOE) ,
Energy Sector ,
Energy Storage ,
International Trade Commission (ITC) ,
Oil & Gas ,
Oil Wells ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Solar Energy ,
Sustainability
In U.S. patent news, the National Renewable Energy Laboratory recently earned a patent —U.S. Patent No. 11,401,910, entitled “Flexible Wave Energy Converter” — directed to using tiny electrical generators via dynamic strain...more
In the courts, Tigo Energy – a power optimizer manufacturer headquartered in Campbell, California – filed suit earlier this month against SMA Solar Technology America LLC in the District of Delaware, alleging that SMA and its...more
Earlier this month, in Novartis Pharms. Corp., Inc. v. Accord Healthcare, Inc., et al., No. 2021-1070, the Federal Circuit issued a helpful decision concerning the not-often-discussed written description requirement. The...more
On January 3, 2022, Magistrate Judge Susan Hightower granted a defendant’s motion to exclude an expert’s damages theory for violating the entire market value rule, reminding plaintiffs everywhere to use caution when applying...more
Last week we looked at what circumstances favor amending claims in an IPR . We now turn our discussion to those circumstances when a patent owner should think twice about amending, including when significant past damages...more
In its first decision since its inception, the Precedential Opinion Panel (“POP”) for the U.S. Patent Trial and Appeal Board (“Board”), in Proppant Express Investments, LLC v. Oren Technologies, LLC, IPR2018-00914, held that...more
3/21/2019
/ § 315(b) ,
Administrative Proceedings ,
Inter Partes Review (IPR) Proceeding ,
Joinder ,
Judicial Discretion ,
Litigation Strategies ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Precedential Opinion ,
Time-Barred Claims
Today, January 22, 2019 the United States Supreme Court unanimously affirmed the Federal Circuit and held that it remains the law under the America Invents Act (AIA) that a confidential sale to a third party can trigger the...more
1/24/2019
/ America Invents Act ,
Appeals ,
Assignment of Inventions ,
Confidentiality Agreements ,
Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc ,
Inventions ,
On-Sale Bar ,
Patent Applications ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Public Use ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Section 102 ,
Third-Party Relationships
Last week, the Patent Trial and Appeal Board (the “Board”) denied a second challenge to a patent where the petitioners were co-respondents in an ITC investigation. In Shenzhen Silver Star Intelligent Tech. Co., Ltd. v....more
The Medicines Company (“MedCo”) appealed findings of no infringement made by the United District Court for the District of Delaware. Hospira cross-appealed the district court’s finding that a distribution agreement did not...more
The Supreme Court’s decision five months ago in TC Heartland v. Kraft Food Group Brands was a sea change in the way courts interpret venue for patent infringement cases. Since the Federal Circuit’s decision in VE Holding...more
8/21/2017
/ Forum Shopping ,
Limited Liability Company (LLC) ,
Motion to Dismiss ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Personal Jurisdiction ,
SCOTUS ,
Split of Authority ,
State of Incorporation ,
TC Heartland LLC v Kraft Foods ,
Venue ,
Waivers
The U.S. Supreme Court announced its ruling in TC Heartland v. Kraft Foods Group Brands LLC on May 22, 2017, a patent infringement case that has garnered national attention for its implications on venue....more
5/26/2017
/ Forum Shopping ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Personal Jurisdiction ,
Principal Place of Business ,
SCOTUS ,
State of Incorporation ,
State of Residency ,
TC Heartland LLC v Kraft Foods ,
Venue
The Federal Circuit has now reversed the Patent Trial and Appeal Board’s decision in Synopsys, Inc. v. ATopTech, Inc. finding claims 1 and 32 of U.S. Patent No. 6,567,967 (the “‘967 patent”) as being “not supported by...more
On April 6, 2017, the Federal Circuit reversed-in-part and affirmed-in-part the district court’s judgment of infringement and summary judgment for non-infringement of The Medicines Company’s (“MedCo”) patents-in-suit. See The...more
In a widely anticipated move with implications for patent litigation across the country, the Supreme Court ruled today that the equitable defense of laches is not available to limit damages in patent infringement cases...more
The New Year brings excitement and anticipation of changes for the best. Some of the pending patent cases provide us with ample opportunity to expect something new and, if not always very desirable to everybody, at least...more
1/13/2017
/ America Invents Act ,
Apple ,
Apple v Samsung ,
Cell Phones ,
Design Patent ,
Impression Products v Lexmark International ,
Inter Partes Review (IPR) Proceeding ,
iPhone ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Samsung ,
Smartphones ,
TC Heartland LLC v Kraft Foods
The plot just thickened in the long-running debate over where patent cases should be litigated.
Yesterday the U.S. Supreme Court agreed to review the Federal Circuit’s decision in TC Heartland LLC v. Kraft Foods, in...more
On remand from the Supreme Court’s decision in Halo Elecs., Inc. v. Pulse Elecs., Inc., 136 S. Ct. 1923 (2016), the Federal Circuit recently issued a revised decision in Stryker Corp. v. Zimmer, Inc., No. 2013-1668 (Fed. Cir....more
The U.S. Supreme Court ruled on June 20, 2016 in Cuozzo Speed Techs., LLC v. Lee that: (1) the statutory authority of the Patent Trial and Appeal Board (“Board”) in instituting an inter partes review (“IPR”) proceeding is...more
7/2/2016
/ Administrative Proceedings ,
America Invents Act ,
Appeals ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Cuozzo Speed Technologies v Lee ,
Final Judgment ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Standard of Review ,
USPTO
On April 22, 2016, a three judge panel of the United States Court of Appeals for the Federal Circuit, consisting of Judges Prost, Dyk and O’Malley, affirmed a district court’s decision to dismiss as moot a patent case...more
It has become a patent litigation trope, discussed at every Silicon Valley water cooler, that patent litigation is broken because all patent cases are tried in the plaintiff-friendly Eastern District of Texas. While this...more