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The Squeaky Wheel Gets the Grease--You Won’t Get Fees if You Don’t Complain Early

Stragent, LLC v. Intel Corp. - Applying recent standards for determining whether a case is “exceptional” under Octane Fitness for purposes of awarding fees, the U.S. District Court for the Eastern District of Texas...more

10/13/2014 - Abuse of Process Attorney's Fees Bad Faith Discovery Intel Rules of Civil Procedure

Misappropriation of Trade Secrets Warrants an Ongoing “Reasonable Royalty”

Sabatino Bianco, M.D., v. Globus Medical, Inc. - Comparing and contrasting Texas trade secret law to jurisprudence relating to patent infringement damages, the U.S. District Court for the Eastern District of Texas held...more

9/12/2014 - Damages Medical Devices Misappropriation Patent Infringement Patents Royalties Trade Secrets

Unanimous Supreme Court: “Exceptional” Patent Cases Determined at District Court’s Discretion with Appellate Review only for Abuse...

With respect to the two related questions before the Supreme Court of the United States, the court held that (1) the prior standard used by the U.S. Court of Appeals for the Federal Circuit for determining whether a case is...more

5/5/2014 - Attorney's Fees Brooks Furniture Exceptional Case Highmark v. Allcare Octane Fitness v. ICON Patent Infringement Patent Litigation Patents SCOTUS

Allegations Regarding Third-Party Beneficiary Issues and Alter-Ego Status Belong in the First-Filed Venue - Futurewei...

Addressing an appeal of a dismissed action filed second-in-time, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s ruling on defendants’ motion to dismiss, finding that additional, related claims for...more

1/3/2014 - Alter Ego First-to-File License Agreements Motion to Dismiss Patents Third-Party Beneficiaries

IP Update, Vol. 16, No. 5, May 2013

Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies: Bowman v. Monsanto Co. - In a narrow ruling that reaffirms the scope of patent protection over seeds, and possibly over other...more

5/31/2013 - Arbitration Bowman v Monsanto Claim Construction CLS Bank CLS Bank v Alice Corp Copyright FRAND Genetically Engineered Seed Infringement Monsanto Obviousness Patent Exhaustion Patents SCOTUS Self-Replicating Inventions Standards-Essential Patents Standing Trademarks

IP Update, Vol. 16, No. 4, April 2013

Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship - Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more

4/30/2013 - Affidavits Claim Construction Copyright Copyright Infringement Discovery DMCA Infringement Patents Prior Art Safe Harbors Trademarks USPTO

IP Update, Vol. 16, No. 3, March 2013

In This Issue: Supreme Court - Supreme Court Finds That “First Sale” Doctrine Applies to Works Patents - Joint Actors as It Relates to Method Claim Infringement; Federal Circuit Ruling Clears Way...more

3/29/2013 - America Invents Act Covered Business Method Patents Doctrine of Equivalents First Sale Doctrine Generic Drugs Patent Reform Patents Trademarks

IP Update, Vol. 16, No. 1, January 2013

IN THIS ISSUE: Patents - Federal Circuit Clarifies ITC Domestic Industry Requirement for Non-Practicing Entities; Permanent Injunctions on the Rise?; Sanctioned Parties in Exceptional Cases Continue to Get Fresh...more

1/31/2013 - Infringement ITC Licenses Non-Practicing Entities Patents Section 337

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