Justin Gray

Justin Gray

Foley & Lardner LLP

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Supreme Court Holds Good Faith Belief of Invalidity Not a Defense to Induced Infringement Claim

The U.S. Supreme Court held yesterday in Commil USA, LLC v. Cisco Sys., Inc. (No. 13-896) that a defendant’s belief regarding patent invalidity is not a defense to a claim of induced infringement. Justice Kennedy authored the...more

5/29/2015 - Cisco Cisco v CommilUSA Frivolous Lawsuits Good Faith Honest Belief Defense Induced Infringement Patent Infringement Patent Invalidity Patents SCOTUS

U.S. Supreme Court Modifies Federal Circuit's Standard of Review for Claim Construction in Teva v. Sandoz

On January 20, 2015, resolving a long debated issue, the U.S. Supreme Court set aside the Federal Circuit’s de novo review of every aspect of a lower court’s claim construction decision, rejecting that form of review where...more

1/22/2015 - Clear Error Standard De Novo Standard of Review Federal Rules of Civil Procedure Patent Litigation Patents Pharmaceutical Industry Pharmaceutical Patents Popular SCOTUS Teva v Sandoz

Supreme Court: Generic Computer Implementation Does Not Render Abstract Ideas Patentable

On June 19, 2014, the Supreme Court issued its opinion in Alice Corp. v. CLS Bank Int’l, No. 13-298, which was previously discussed. In a unanimous opinion by Justice Thomas, the Court held, consistent with its precedent,...more

6/20/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents Popular Risk Mitigation Software

District Court: Notification of IPRs Necessary to Comply with Duty of Candor and Good Faith

On May 2, 2014, Judge Davis of the Eastern District of Virginia determined that counsel in a pending patent litigation “failed to comply with their general duty of candor and good faith to this Court” by not disclosing the...more

5/16/2014 - Good Faith Inter Partes Review Proceedings Legal Ethics Patent Litigation Patents

Increased Supreme Court Focus on Patent Jurisprudence

In 2013, the Supreme Court decided three patent cases. By June of 2014, it is expected that there will have been six more decisions in patent cases. This week alone, there have been oral arguments heard or decisions released...more

5/2/2014 - Akamai Technologies Attorney's Fees Highmark v. Allcare Limelight Networks Octane Fitness v. ICON Patent Infringement Patent Litigation Patent Trolls Patents SCOTUS

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