Melissa Nott Davis

Melissa Nott Davis

McDermott Will & Emery

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Concerted Actions with Sister Company in Finland Result in Delaware Jurisdiction

Addressing personal jurisdiction over a foreign defendant, the US Court of Appeals for the Federal Circuit found that concerted actions occurring in a foreign jurisdiction but directed at Delaware were sufficient minimum...more

8/31/2016 - Appeals Corporate Counsel Due Process Foreign Defendants Foreign Jurisdictions Long Arm Statute Minimum Contacts Personal Jurisdiction Principle Place of Business Specific Jurisdiction

Pre-Issuance Damages Possible Only If You “Know” About the Published Application - Rosebud LMS Inc. v. Adobe Systems Inc.

Addressing for the first time the notice requirement for pre-issuance damages under 35 USC § 154(d), the US Court of Appeals for the Federal Circuit affirmed the grant of summary judgment of no pre-issuance damages where the...more

4/5/2016 - Adobe Constructive Notice Patent Applications Patent Infringement Summary Judgment

A Brand Must Allege Facts to Survive a Motion to Dismiss Induced Infringement Claims - Otsuka Pharmaceutical Co., Ltd. v. Zydus...

Addressing the pleading standard for induced infringement, the U.S. District Court for the District of New Jersey dismissed Otsuka Pharmaceutical’s claims finding that a formulaic recitation of the legal standard without...more

3/9/2016 - Dismissals Hatch-Waxman Induced Infringement Motion to Amend Otsuka Pharmaceutical Patent Infringement Patents Pharmaceutical Industry Pharmaceutical Patents Pleading Standards

Attorneys’ Fee Award Cannot Be Enhanced to Deter Misconduct (Lumen View Technology, LLC v. Findthebest.com, Inc.)

Addressing whether deterrence can play a role in an attorneys’ fee award under § 285, the U.S. Court of Appeals for the Federal Circuit held that once a case is deemed exceptional, § 285 only authorizes an award of reasonable...more

2/27/2016 - Appeals Attorney's Fees Enhanced Damages Frivolous Lawsuits IP License Lodestar Method Patent Infringement Patent-Eligible Subject Matter Patents Rule 11 Willful Misconduct

There Is More than One Way to Slice the Apportionment Analysis - Commonwealth Scientific and Industrial Research Organisation v....

Addressing the application of the smallest salable patent-practicing unit analysis, as well as the impact of a patent’s standards essential status on apportionment and the relevance of prior licenses between the parties, the...more

2/5/2016 - Apportionment Cisco Damages License Agreements Patent Litigation Patent Royalties RAND Standard Essential Patents

Apple Secures Its Permanent Injunction - Apple Inc. v. Samsung Electronics Co., Ltd.

Addressing the factors for granting injunctive relief in multifaceted, multifunction technology, the U.S. Court of Appeals for the Federal Circuit vacated and remanded the district court’s denial of Apple’s request for a...more

11/2/2015 - Apple Apple v Samsung Injunctive Relief Irreparable Harm Jury Verdicts Patent Infringement Patent Litigation Patents Permanent Injunctions Popular Public Interest Remand Reputational Injury Samsung Vacated

A Primer on Patent Damages - Carnegie Mellon University v. Marvell Technology Group, Ltd., et al.

Addressing a panoply of damages issues, the U.S. Court of Appeals for the Federal Circuit affirmed a reasonable royalty, rejected the defendant’s laches defense and provided significant guidance on the application of the...more

10/1/2015 - Carnegie Mellon Damages De Novo Standard of Review Extraterritoriality Rules Laches Objective Unreasonableness Standard Patent Infringement Patent Litigation Patent Royalties Patents Prior Art Willful Infringement

A Joint Author Does Not Own Derived Material - Greene, et al. v. Ablon, et al.

Addressing joint and derivative works under the Copyright Act, the U.S. Court of Appeals for the First Circuit found the district court erred in ruling that a single work cannot be both joint and derivative. Greene, et al. v....more

9/11/2015 - Authors Co-Ownership Copyright Copyright Infringement Derivative Works Intellectual Property Litigation Intellectual Property Protection The Copyright Act Trademark Infringement Trademarks

Proof of Confusion Essential for Trademark Injunction - Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc.

Addressing the likelihood of success requirement for injunctive relief, the U.S. Court of Appeals for the First Circuit vacated an order requiring trademark attribution where the district court had not found a likelihood of...more

9/10/2015 - Breach of Contract False Advertising Injunctive Relief Lanham Act Likelihood of Confusion Preliminary Injunctions Sales & Distribution Agreements Trademark Infringement Trademark Litigation Trademarks Unfair Competition Vacated

ANDA Update - July 2015

Supreme Court Holds Good Faith Belief of Patent Invalidity Is Not a Defense to Induced Infringement - Commil USA, LLC v. Cisco Systems, Inc. (Supr. Ct. May 26, 2015): Pharmaceutical patents commonly include...more

7/30/2015 - ANDA Cisco v CommilUSA Generic Drugs Hatch-Waxman Induced Infringement Noninfringement Patent Infringement Patent Invalidity Patents Pharmaceutical Patents SCOTUS

Applicability of the Entire Market Value Rule in Hatch-Waxman Cases - AstraZeneca AB, et al. v. Apotex Corp., et al.

Addressing damages issues in the Hatch-Waxman context, the U.S. Court of Appeals for the Federal Circuit provided important guidance regarding the application of the entire market value rule to pharmaceutical sales, and the...more

6/1/2015 - ANDA Damages Fair Market Value Hatch-Waxman Patent Infringement Patents Pharmaceutical Industry

Lost Profits Are Hard to Come By - Warsaw Orthopedic, Inc. et al. v. NuVasive, Inc.

Addressing the issue of convoyed and related sales, the U.S. Court of Appeals for the Federal Circuit, even while affirming the district court with respect to its invalidity and infringement findings, remanded the case for a...more

5/6/2015 - Intellectual Property Litigation Medical Devices Patent Infringement Patent Litigation Patent Royalties Patents Royalties

Reasonable Royalty Damages in Copyright - Gaylord v. United States

Addressing for the issue of the reasonable royalty from a hypothetical negotiation for copyrights, the U.S. Court of Appeals for the Federal Circuit upheld a 10 percent per unit reasonable royalty for the U.S. Postal Services...more

4/13/2015 - Appeals Copyright Photographs Royalties USPS

District Courts Must Follow Georgia-Pacific & Seagate’s Instructions - Aqua Shield v. Inter Pool Cover Team, et al.

Addressing the analysis required to support both damages and willfulness, the U.S. Court of Appeals for the Federal Circuit vacated a district court’s damages calculation and determination regarding willfulness. Aqua Shield...more

2/9/2015 - Appeals Calculation of Damages Patent Infringement Patent Litigation Patents Willful Infringement

Octane Fitness Changes the Landscape for Trademark Cases Too

Fair Wind Sailing, Inc. v. Dempster - Addressing for the first time the application of the Supreme Court decision in Octane Fitness to trademark cases, the U.S. Court of Appeals for the Third Circuit held that a...more

11/21/2014 - Appeals Attorney's Fees Exceptional Case Lanham Act Non-Compete Agreements Octane Fitness v. ICON Patent Litigation Popular Tortious Interference Trademark Litigation Trademarks

States Have the Right to Protect Businesses Against NPEs

State of Vermont v. MPHJ Technology Investments, LLC; In re MPHJ Technology Investments, LLC - Addressing the issue of state efforts to reign in non-practicing entities, the U.S. Court of Appeals for the Federal...more

10/6/2014 - Abuse of Process Patent Litigation Patent Trolls Patents

ITC Issues Its First Stay of a CDO - In the matter of Certain Digital Models, Digital Data, and Treatment Plans for Use in Making...

For the first time the U.S. International Trade Commission (U.S. ITC) issued a stay of a cease and desist order (CDO) issued at the conclusion of an investigation under § 337 of the Tariff Act. In the matter of Certain...more

8/11/2014 - Cease and Desist Orders Digital Assets ITC Motion To Stay Patent Infringement Patent Litigation Patents Tariff Act of 1930

Eastern District of Texas Can’t Keep Every Case Filed There

In re Toyota Motor Corporation - Granting a defendants’ petition for a writ of mandamus, the U.S. Court of Appeals for the Federal Circuit ordered the U.S. District Court for the Eastern District of Texas to transfer a...more

6/5/2014 - Appeals License Agreements Motion To Sever Patents Toyota

Suppliers May DJ an NPE, But It Won’t Be Easy - Microsoft v. DataTern, Inc.

Addressing declaratory judgment jurisdiction based infringement allegations against customers, the U.S. Court of Appeals for the Federal Circuit affirmed in part and reversed in part the district court’s finding of...more

6/3/2014 - Induced Infringement Infringement Jurisdiction Microsoft Patent Infringement Patent Litigation Patents SAP America Inc. Suppliers

First Circuit Stays on the Fence Regarding Application Versus Registration Approach

Alicea v. Machete Music - Once again failing to choose a side in the application versus registration approach, the U.S. Court of Appeals for the First Circuit upheld the district court’s finding that plaintiffs failed...more

5/19/2014 - Appeals Copyright Copyright Infringement Copyright Office

Patent Powered Back on By Restrictive Reading of § 112, ¶ 6 - EnOcean GmbH v. Face International Corp.

Reversing the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences, the U.S. Court of Appeals for the Federal Circuit held that EnOcean’s patent claims for a self-powered wireless switch did not invoke...more

2/28/2014 - Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents

Take Them to District Court and You’ll Have to Pay the Lawyers - Shammas v. Focarino

Addressing for the first time whether attorneys’ fees are included in the statute, the U.S. District Court for the Eastern District of Virginia held that “all expenses of the proceedings” under 15 U.S.C.§ 1071(b)(3) includes...more

2/5/2014 - Attorney's Fees Patent Litigation Patents Trademark Trial and Appeal Board USPTO

It’s Not Easy to Get into the Federal Circuit - In re ICM, Inc., In re Foundations Worldwide, Inc., Momenta Pharm., Inc. v....

In addressing four cases requesting action regarding jurisdiction or venue transfer, the U.S. Court of Appeals for the Federal Circuit scored a Texas hat trick and bounced four cases out of the Court, denying two petitions...more

1/2/2014 - Jurisdiction Patent Litigation Patents Venue

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