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IP Newsflash - February 2015 #2

FEDERAL CIRCUIT CASES - Federal Circuit Declines to Extend Patent Exhaustion Doctrine - In a February 10, 2015 decision, the Federal Circuit reversed a grant of summary judgment of non-infringement under the...more

2/16/2015 - Covered Business Method Patents Discovery Innovation Act Intellectual Property Litigation Inter Partes Review Proceedings Litigation Strategies Mobile Devices New York Times Patent Exhaustion Patent Infringement Patent Litigation Patent Reform Patent Trial and Appeal Board Patents

IP Newsflash - February 2015

FEDERAL CIRCUIT CASES - PTAB’s Broadest Reasonable Interpretation Standard Affirmed by Fed. Circuit in First Ever IPR Appeal - On Wednesday, February 4, 2015, the Court of Appeals for the Federal Circuit (CAFC)...more

2/9/2015 - Appeals Broadest Reasonable Interpretation Standard CAFC CLS Bank v Alice Corp Covered Business Method Patents Cuozzo Speed Technologies Inter Partes Review Proceedings Patent Trial and Appeal Board Patent-Eligible Subject Matter Patents Trademarks

IP Newsflash - January 2015 #4

DISTRICT COURT CASES - Akin Gump Wins Section 101 Motion to Dismiss, Invalidating 887 Patent Claims - Following Supreme Court precedent set forth in Alice Corp. Pty. Ltd. v. CLS Bank International, Judge Sleet...more

2/2/2015 - CLS Bank v Alice Corp Hana Financial v Hana Bank Jury Questions Likelihood of Confusion Motion to Dismiss Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS Summary Judgment Tacking Trademarks

IP Newsflash - January 2015 #3

FEDERAL CIRCUIT CASES - Akin Gump Wins Summary Judgment of Non-Infringement - Akin Gump obtained a significant victory on summary judgment for HTC and AT&T in a patent infringement case against Adaptix, Inc., an...more

1/26/2015 - Apple AT&T Claim Construction HTC Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Summary Judgment Teva v Sandoz Verizon

IP Newsflash - January 2015 #2

DISTRICT COURT CASES - District Court Opinion Underscores Importance of Careful Drafting of Settlement Agreements - A recent opinion penned by Chief Judge James C. Dever of the Eastern District of North Carolina...more

1/19/2015 - CLS Bank v Alice Corp Dell Inventors Patent Litigation Patent Trial and Appeal Board Patent-Eligible Subject Matter Patents Settlement Agreements

IP Newsflash - January 2015

FEDERAL CIRCUIT CASES - Federal Circuit Explains the Role of Actual Profits in Reasonable Royalty Calculations and the Relationship Between Preliminary Injunctions and Willful Infringement - On December 22,...more

1/12/2015 - Patent Infringement Patent Litigation Patents Willful Infringement

District Court Sanctions Ghostwriting of Expert Reports

A district court in Michigan has strictly enforced the requirement of Rule 26 of the Federal Rules of Civil Procedure that expert witness reports be prepared by the expert witness, and not by counsel. Numatics, Inc. v....more

12/24/2014 - Expert Witness Federal Rules of Civil Procedure Information Reports Rule 26

IP Newsflash - December 2014: DISTRICT COURT CASES: A Contrary Construction from Reexamination Is No Basis to Reconsider a...

On December 10, 2014, the Southern District of New York denied plaintiff’s motion to reconsider a 2006 claim construction ruling and vacate a related summary judgment order. Plaintiff requested the relief following a contrary...more

12/15/2014 - Claim Construction Intellectual Property Litigation Inter Partes Reexamination Motion To Reconsider Patent Litigation Patents Pharmaceutical Pharmaceutical Patents

IP Newsflash - December 2014

Federal Circuit Vacates Lower Court’s Obviousness Finding Based on Incorrect Application of Inherency Doctrine - In Par Pharmaceutical, the Federal Circuit vacated an obviousness ruling by the district court, finding...more

12/8/2014 - Discovery Medical Devices Obviousness Par Pharmaceutical Patent Infringement Patent Litigation Patent-in-Suit Patents Pharmaceutical Patents Sanctions Spoliation Trademarks

IP Newsflash - November 2014 #3

DECISIONS ON PATENTABLE SUBJECT MATTER UNDER ALICE CORP. - Federal Circuit Invalidates Patent Using the Supreme Court’s Alice Corp. § 101 Analysis - On November 14, 2014, the Federal Circuit held a patent...more

11/24/2014 - CLS Bank v Alice Corp Online Advertisements Patent Litigation Patent-Eligible Subject Matter Patents Ultramercial v Hulu

Judge Derides the “Pencil-and-Paper Analysis” for Software Patents, Finds Error-Correction Claims Valid

On November 3, 2014, Judge Mariana Pfaelzer issued an order in California Inst. of Tech. v. Hughes Commc’ns Inc., No. 2:13-CV-07245-MRP, 2014 WL 5661290 (C.D. Cal. Nov. 3, 2014) denying the defendants’ motion for summary...more

11/17/2014 - Myriad-Mayo Patent Litigation Patents

IP Newsflash - November 2014 #2

Federal Circuit: Licensor Has No Standing to Sue Where it Has Transferred “All Substantial Rights” to Its Licensee - The Federal Circuit affirmed a decision by Judge Schneider in the Eastern District of Texas to...more

11/17/2014 - IP License License Agreements Patent Infringement Patent Litigation Patents

IP Newsflash - November 2014

Central District of California Clarifies the Section 101 Analysis and Finds Another Two Patents Invalid - On November 3, 2014, Judge Mariana R. Pfaelzer of the Central District of California spent the better part of...more

11/10/2014 - CLS Bank v Alice Corp Microsoft Patent Litigation Patent-Eligible Subject Matter Patents Section 101 Software

IP Newsflash - October 2014 #5

E.D. VA Invalidates the Claims of Four Patents, Finds Alleged Novelty of Ideas Irrelevant to § 101 Analysis - On October 24th, 2014, Judge Brinkema of the Federal District Court for the Eastern District of Virginia...more

11/3/2014 - CLS Bank v Alice Corp Patent Infringement Patent-Eligible Subject Matter Patents

IP Newsflash - October 2014 #4

U.S.I.T.C. May Not Issue Exclusionary Order Due to Induced Infringement When Direct Infringement Occurs Only After Importation - In a panel decision, the Court of Appeals for the Federal Circuit reversed a United...more

10/27/2014 - Appeals Induced Infringement ITC Patent Infringement Patent Litigation Patents

IP Newsflash - October 2014 #3

Federal Circuit Affirms Willful Infringement Judgment and Enhanced Damages Award - In an October 14, 2014, decision, the Federal Circuit upheld a judgment of willful infringement and an award of enhanced damages...more

10/20/2014 - Appeals Cross-Complaints Damages Patent Infringement Patent Litigation Patents Willful Infringement

IP Newsflash - October 2014 #2

Patents to a “Specific Technological Process” Fall on the Pleadings as Abstract Ideas - On September 22, 2014, Judge George H. Wu (C.D. Cal.) ruled on the pleadings that two Planet Blue patents relating to “the idea of...more

10/13/2014 - Abstract Ideas Patent Infringement Patent Litigation Patents

IP Newsflash - October 2014

Federal Circuit Affirms Inequitable Conduct Based On “Intentionally Selective” Disclosure - On September 26, 2014, a divided Federal Circuit panel affirmed the unenforceability of three American Calcar patents,...more

10/6/2014 - Expert Testimony Inequitable Conduct Inter Partes Review Proceedings Inventors Joinder Microsoft Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Prior Art Target

IP Newsflash - September 2014 #4

Federal Circuit Has Jurisdiction to Decide Non-Patent Causes of Action That Involves a Substantial, Non-Hypothetical Disputed Patent Law Issue - On September 16, 2014, a Federal Circuit panel consisting of Circuit...more

9/29/2014 - Jurisdiction Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents USPTO

IP Newsflash - September 2014 #3

FEDERAL CIRCUIT CASES - Federal Circuit Has Jurisdiction to Decide Non-Patent Causes of Action That Involves a Substantial, Non-Hypothetical Disputed Patent Law Issue - On September 16, 2014, a Federal Circuit...more

9/22/2014 - Inter Partes Reexamination Jurisdiction Patent Infringement Patent Litigation Patents

IP Newsflash - September 2014 #2

Airline Rewards Conversion Method Invalid Under Alice and Bilski - On September 2, 2014, Federal Circuit Judge William Bryson, sitting by designation in the Eastern District of Texas, ruled that two patents on a...more

9/15/2014 - Airlines Bilski Claim Construction CLS Bank v Alice Corp Customer-Loyalty Programs Inter Partes Review Proceedings Patent Trial and Appeal Board Patent-Eligible Subject Matter Patents Software

IP Newsflash - July 2014 #3

Federal Circuit Finds District Court Erred in Refusing to Consider Evidence Pertinent to Determination of Priority Even Though the Evidence was Not Presented to the Board of Patent Appeals and Interferences - The...more

7/28/2014 - Patent Infringement Patent Litigation Patent Reform Patents

Supreme Court Strengthens the Definiteness Requirement for Patent Claims

On June 2, 2014, in Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369, the Supreme Court unanimously rejected the Federal Circuit’s test for determining indefiniteness of a patent claim as “lack[ing] the precision that §...more

6/5/2014 - Definiteness Nautilus Inc. v. Biosig Instruments Patent Infringement Patent Litigation Patents SCOTUS

Eastern District of Texas Creates “Track B” for Efficient Management of Patent Cases

On February 25, Chief Judge Leonard Davis of the Eastern District of Texas issued a general order regarding a new specialized case management procedure available for patent cases in the district. The order creates a special...more

3/12/2014 - Patent Litigation Patent Reform Patents

What’s in the Pipeline for Judicial Vacancies?

We continue to follow the important changes underway behind the bench at the Federal Circuit and in several district courts where a significant number of patent infringement cases are pending. On September 24, the Senate...more

9/27/2013 - Judicial Appointments

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