James Wodarski

James Wodarski

Mintz Levin

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In Daubert Ruling Excluding Both Parties’ Damages Experts, Judge Andrews Rejects FRAND Portfolio Rate as Ceiling on Reasonable...

On February 25, 2016, Judge Richard Andrews granted the parties’ cross-motions to exclude both sides’ damages experts in M2M Solutions LLC v. Motorola Solutions, Inc., C.A. No. 12-33-RGA, Dkt. Nos. 295 and 296 (D. Del. Feb....more

3/4/2016 - Cross Motions Damages Daubert Ruling Expert Testimony FRAND IP License Motion to Exclude Patent Royalties Patent-in-Suit Technology

Federal Circuit Declines to Disturb Established Precedent Regarding the Exhaustion of Patent Rights

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

2/17/2016 - First Sale Doctrine Imports IP License Kirtsaeng v. John Wiley & Sons Lexmark Patent Exhaustion Patent Litigation Quanta SCOTUS

Federal Circuit Reverses Punitive Exceptional Case Fee Award as Improperly Enhanced

On January 22, 2016, the Federal Circuit issued its opinion in Lumen View Technology LLC v. FindTheBest.com (Dkt. No. 15-1275), in which it vacated and remanded the lower court’s award of enhanced attorney fees under 35...more

1/28/2016 - Attorney's Fees Enhanced Penalties Exceptional Case Patent Infringement Patent Invalidity Punitive Damages Rule 11 Vacated

Apple (Finally) Enjoins the Sale of (Obsolete) Samsung Phones

In the latest development in the patent skirmishes between Apple and Samsung, on Monday, January 18, 2016, U.S. District Court Judge Lucy Koh of the Northern District of California entered a permanent injunction barring...more

1/23/2016 - Apple Apple v Samsung Patent Infringement Patents Permanent Injunctions Popular Samsung Smartphones

Smartphone Wars – The Supreme Court Awakens: Samsung Files Petition for Certiorari in New Hope to Harmonize Design Patent Law

On December 14, 2015, in the latest episode of the smartphone wars, Samsung filed a petition for certiorari with the Supreme Court. Samsung is appealing a Federal Circuit decision that upheld a $399 million judgment against...more

12/18/2015 - Apple v Samsung Damages Design Patent Disgorgement Patent Infringement Petition for Writ of Certiorari Popular Samsung SCOTUS Smartphones

Mintz Levin Convinces The Federal Circuit To Completely Reverse And Remand An Adverse IPR Final Written Decision For The First...

Mintz Levin has won extraordinary relief for its client, Straight Path IP Group, Inc., convincing the Federal Circuit to completely reverse and remand an IPR final written decision adverse to a patent owner for the first...more

12/10/2015 - Broadest Reasonable Interpretation Standard Claim Construction Inter Partes Review Proceedings Patent Trial and Appeal Board Remand Reversal

Mintz Levin Convinces The Federal Circuit To Completely Reverse And Remand An Adverse IPR Final Written Decision For The First...

Mintz Levin has won extraordinary relief for its client, Straight Path IP Group, Inc., convincing the Federal Circuit to completely reverse and remand an IPR final written decision adverse to a patent owner for the first...more

11/30/2015 - Broadest Reasonable Interpretation Standard Claim Construction Inter Partes Review Proceedings Patent Trial and Appeal Board Plain Meaning Reversal

Federal Circuit Rules That ITC Does Not Have Jurisdiction Over Digital Imports

On November 10, 2015, the Federal Circuit issued its opinion in ClearCorrect Operating, LLC v. ITC, and struck a blow to both the ITC and the entertainment and software industries by overturning the ITC’s opinion and finding...more

11/12/2015 - Corporate Counsel Electronic Data Transmissions Imports Intellectual Property Protection ITC Jurisdiction Section 337

Apple v. Samsung Part IV: The Injunction May Not Be Dead

On Thursday, September 17, 2015, in the fourth Federal Circuit opinion arising out of the patent skirmishes between global high technology titans Apple and Samsung Electronics, a sharply divided Federal Circuit panel vacated...more

10/5/2015 - Abuse of Discretion Apple Apple v Samsung Article III eBay Test Injunctive Relief iPhone Irreparable Harm Nexus Patent Infringement Patent Litigation Patents Permanent Injunctions Public Interest Samsung Standing Vacated

ALJ Essex Elaborates an Evidence-Based Framework for Adjudicating the FRAND Defense

Administrative Law Judge Essex recently issued the public version of his Initial Determination on Remand in International Trade Commission investigation No. 337-TA-613, In the Matter of Certain 3G Mobile Handsets and...more

6/13/2015 - ALJ Burden of Proof Determination on Remand FRAND Injunctive Relief IP License ITC Patent Infringement Patent Royalties Patents SSO Standard Essential Patents Wireless Devices

Belief That a Patent Is Invalid Is Not a Defense to Inducement Liability

The Supreme Court issued its long-anticipated decision in Commil USA, LLC v. Cisco Systems, Inc. on Tuesday holding that a patent infringement defendant’s good faith belief that the patent in suit is invalid is not a defense...more

5/31/2015 - Cisco Cisco v CommilUSA Good Faith Honest Belief Defense Induced Infringement Patent Infringement Patent Invalidity Patent Litigation Patents Popular SCOTUS

ITC Affirms Joint and Several Liability of Counsel for Payment of Monetary Sanctions Based on Client's Spoliation of Evidence

On April 30, 2015, the International Trade Commission issued the public version of its opinion reviewing ALJ Thomas B. Pender’s Initial Determination in Investigation No. 337-TA-883, finding the Respondents in default due to...more

5/20/2015 - ALJ Discovery Dow Chemical Duty to Preserve Evidence ITC Misappropriation Sanctions Spoliation Trade Secrets

Patent Hold-Up or Patent Hold-Out? Judge Essex Adds His Voice to the SEP-FRAND Debate

Administrative Law Judge Essex recently issued the public version of his Initial Determination in ITC investigation No. 337-TA-868, ruling that the respondents are precluded from relying on the defense that the patent holder...more

7/11/2014 - FRAND Licenses Patent Litigation Patent-in-Suit Patents Standard Essential Patents USPTO

International Trade Commission Takes Steps to Promote Early Adjudication of Dispositive Issues

On June 24, 2013, the International Trade Commission (“ITC”) announced a pilot program for early adjudication of potentially-dispositive issues in investigations. The pilot program is part of ongoing efforts by the ITC to...more

7/5/2013 - Adjudicatory Process Copyright Investigations ITC Judges Section 337

Federal Circuit Affirms ITC Jurisdiction for Non-Practicing Entities

On January 10, 2013, the Federal Circuit reaffirmed broad ITC jurisdiction for non-practicing patent enforcement entities by denying Nokia Corp.’s petition for rehearing of InterDigital Commc’ns, LLC v. Int’l Trade Comm’n...more

2/1/2013 - ITC Jurisdiction License Agreements Nokia Non-Practicing Entities Patent-in-Suit Patents Section 337

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