Courtenay C. Brinckerhoff

Courtenay C. Brinckerhoff

Foley & Lardner LLP

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Supreme Court Lays Burden of Proof on Patentee, Even in Declaratory Judgment Action

In Medtronic, Inc. v. Mirowski Family Ventures, LLC, a unanimous Supreme Court held that the patent holder bears the burden of proving infringement, even in a declaratory judgment action brought by a licensee. In reaching its...more

1/24/2014 - Burden of Proof Declaratory Judgments Infringement Medtronics Patent Infringement Patent Litigation SCOTUS

Objectively Reasonable Defense Precludes Enhanced Patent Damages

In the non-precedential opinion in Lee v. Mike’s Novelties, Inc., the Federal Circuit affirmed the district court’s judgment of infringement and no invalidity, but reversed the finding of willful infringement. In so doing,...more

11/27/2013 - Damages Infringement Patents Willful Infringement

Federal Circuit Fractured Over Finality in Fresenius

When the Federal Circuit denied Baxter’s petition for panel rehearing and rehearing en banc in Fresenius USC, Inc. v. Baxter International, Inc., Judge Dyk wrote an opinion concurring in the denial that was joined by Judge...more

11/22/2013 - Damages Ex Partes Reexamination Final Judgment Fresenius Infringement Patents USPTO Validity

Motorola Escapes Microsoft by Ducking Under ITC Domestic Industry Requirement

In Microsoft Corp. v. International Trade Commission, the Federal Circuit upheld the ITC’s determination that Microsoft had failed to establish that there was a “domestic industry” relating to three of four patents asserted...more

10/10/2013 - Domestic Industry Requirement Infringement ITC Microsoft Motorola Patents Section 337

Federal Circuit Finds Flexibility in Admissibility of Expert Testimony on Infringement

In MeadWestVaco Corp. v. Rexam Beauty and Closures, Inc., the Federal Circuit upheld the admissibility of expert testimony that was not fully aligned with the district court’s claim construction. In so doing, the court...more

10/8/2013 - Claim Construction Evidence Expert Testimony Infringement Patent Litigation Patents

Federal Circuit Finds LUNESTA Patent Infringement Based on ANDA Product Description Not Avoided by Other Certifications

In Sunovion Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc., the Federal Circuit reversed the district’s holding of no Lunesta® patent infringement that was based on a certification submitted to the court, and found...more

10/1/2013 - ANDA Claim Construction FDA Infringement Patents Pharmaceutical Prescription Drugs

Federal Circuit Holds Patentee to Functional Claim Language

In Bayer Cropscience AG v. Dow AgroSciences LLC, the Federal Circuit upheld the district court’s claim construction that interpreted “2,4-D monooxygenase” in accordance with its established scientific meaning, even though...more

9/6/2013 - Claim Construction Functionality Infringement Patent Applications Patent Litigation Patents

Monsanto Avoids Declaratory Judgment Action Brought by Organic Farmers

In Organic Seed Growers and Trade Association v. Monsanto Co., the Federal Circuit dismissed the plaintiffs’ declaratory judgment action against Monsanto, but in so doing held that Monsanto would be judicially estopped from...more

6/17/2013 - Farms Infringement Judicial Estoppel Monsanto Organic Seed Growers & Trade Assn Patents

Federal Circuit Holds That Third Party Clinical Trial May Not Constitute Public Use

In Dey, L.P. v. Sunovion Pharmaceuticals, Inc., the Federal Circuit vacated the district court’s grant of summary judgment in favor of Sunovion, and remanded for further consideration of whether Sunovion’s clinical trial...more

5/30/2013 - Clinical Trials Infringement Patents Pharmaceutical Prescription Drugs Public Use

In Uship Federal Circuit Finds Prosecution History Disclaimer in Arguments Against Restriction Requirement

In Uship Intellectual Properties, LLC v. United States, the Federal Circuit upheld the claim construction applied by the Court of Federal Claims when it held that the United States and IBM Corporation did not infringe the...more

5/23/2013 - Claim Construction Infringement Patent Prosecution Patents

Supreme Court Finds for Monsanto in Seed Harvesting Case

In Bowman v. Monsanto Co., the Supreme Court held that the doctrine of patent exhaustion does not give a farmer who has bought patented seeds the right to “reproduce” them through planting and harvesting without the patent...more

5/16/2013 - Bowman v Monsanto Genetically Engineered Seed Infringement Monsanto Patent Exhaustion Patents SCOTUS Seeds

Federal Circuit Holds That Patent Indefiniteness Requires Insoluble Ambiguousness

In Biosig Instruments, Inc. v. Nautilus Inc., the Federal Circuit reversed the district court’s finding that the claims at issue were invalid as indefinite, because the claims were not “insolubly ambiguous.” This case...more

5/3/2013 - Ambiguous Claim Construction Indefiniteness Infringement Medical Devices Patents

Federal Circuit Finds Patent Marking is Circumstantial Evidence of Infringement

In Frolow v. Wilson Sporting Goods Co., the Federal Circuit refused to adopt the doctrine of marking estoppel, but held that evidence that Wilson had marked some accused tennis racket models constituted evidence of...more

4/12/2013 - Evidence Infringement Marking Estoppel Patents Wilson Sporting Goods

Federal Circuit Draws the Equitable Estoppel Line Before a CIP Patent

In Radio Systems Corp. v. Lalor, the Federal Circuit held that equitable estoppel barred Bumper Boy’s infringement charges based on one patent, but did not preclude infringement charges based on a continuation-in-part (CIP)...more

3/15/2013 - CIP Patents Equitable Estoppel Infringement Patents

Supreme Court Holds a Gunn to Exclusive Federal Court Jurisdiction Over Patent Malpractice Claims

In Gunn v. Minton, the Supreme Court held that federal courts do not have exclusive jurisdiction over patent malpractice claims. Under 28 USC § 1338(a), federal courts have exclusive jurisdiction over cases “arising under any...more

2/28/2013 - Attorney Malpractice Grable Factors Gunn v Minton Infringement Patents SCOTUS

Federal Circuit Upholds Fentora Patents, But Affirms Non-Infringement

In Cephalon, Inc. v. Watson Pharmaceuticals, Inc., the Federal Circuit reversed the district court’s finding that two Orange Book-listed patents for Cephalon’s FENTORA® product were invalid, but affirmed the district court’s...more

2/26/2013 - ANDA Cephalon Enablement Inquiries FENTORA Infringement Noninfringement Patents Pharmaceutical Written Descriptions

USPTO Considers Best Practices to Improve Patent Application Quality

In a Federal Register Notice published January, 13, 2013, the USPTO asks the public to consider potential best practices aimed at improving patent application quality ”in order to facilitate examination and bring more...more

2/15/2013 - Infringement Noninfringement Patent Applications Patents Prior Art Software USPTO

USPTO Board Holds That Complaint Dismissed Without Prejudice Does Not Bar Inter Partes Review

In a decision granting (in part) a Request for Inter Partes Review, the USPTO Patent Trial and Appeal Board (PTAB) held that an infringement complaint that was dismissed without prejudice did not bar the Request for Inter...more

2/5/2013 - Infringement Inter Partes Review Proceedings Patent Trial and Appeal Board Patents USPTO

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