The same day he took the reins as Chief Judge for the District of Delaware, Judge Leonard P. Stark substantially overhauled his patent practices. Effective with all cases filed on or after July 1, 2014, Judge Stark...more
Octane Fitness, LLC v. Icon Health & Fitness, Inc. -
Patent: Decided: April 29, 2014 -
Holding: A patent case is “exceptional” under 35 U.S.C. § 285 when it “stands out from others with respect to the...more
Induced infringement, under § 271(b) of the Patent Act, requires a finding of a predicate direct infringement, under § 271(a).
This proposition, a “simple truth” according to the Supreme Court, does not, at first...more
Judge Sue L. Robinson, the longest-tenured judge in the District of Delaware, changed her procedures and form scheduling order (hereafter, the Revised Order) last week.
Judge Robinson has often compared herself to an...more
OCTANE FITNESS V. ICON HEALTH & FITNESS* -
Patent: Argument: February 26, 2014 -
Issue: Whether the Federal Circuit’s two-part test for determining whether a case is “exceptional” under 35 U.S.C. § 285 – that it...more
CASES TO WATCH -
Petrella v. Metro-Goldwyn-Mayer Inc.
Copyright: Status: cert. granted
Issue: Is the equitable defense of laches available in a copyright claim filed within the Copyright Act’s three-year...more
RECENT DECISIONS -
Federal Trade Commission v. Actavis -
Patent Holding: (5-3) reverse payment settlement agreements should be reviewed based on a “rule of reason.
In a split...more
In This Issue:
- In The ITC:
..The Public Interest Factors – NEWEST PATENT TROLL COUNTERMEASURE?
..ITC or District Court? Look at the Math
- The New gTLDs And The Trademark Clearinghouse: Four Tips...more
Bowman v. Monsanto Co. -
Decided: 5/13/2013 -
Holding: (9-0) Patent rights are exhausted for only original seed sold.
Bowman, a farmer, purchased and planted Monsanto’s patented...more