Melissa Nott Davis

Melissa Nott Davis

McDermott Will & Emery

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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

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

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

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

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

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

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

IP Update, Vol. 16, No. 11, November 2013

Appellate Decision Sets Stage for Next Skirmish In The Apple vs. Samsung Smart Phone Wars - A unanimous panel of the U.S. Court of Appeals for the Federal Circuit has concluded that the district court was within its...more

11/26/2013 - Apple Apple v Samsung Fresenius Patent Infringement Patent Litigation Patents Samsung SCOTUS Smartphones Standard Essential Patents

IP Update, Vol. 16, No. 10, October 2013

No Case or Controversy in DJ Against Patentee Who Sued Manufacturer’s Customers: Cisco Systems, Inc. v. Alberta Telecommunications Research Center - In a non-precedential opinion addressing declaratory judgment...more

11/1/2013 - Cisco Claim Construction Copyright FRAND Offsets Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Telecommunications Trademark Policing Trademarks

Federal Circuit Has Appellate Jurisdiction Even Where Damages, Willfulness Have Not Been Determined

Although the U.S. Court of Appeals for the Federal Circuit did not take a position on the propriety of bifurcating damages and willfulness, to the extent those issues are separate from infringement, a party will now be able...more

6/19/2013 - Damages Jurisdiction Patent Infringement Willful Violations

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