Michael Simons

Michael Simons

Akin Gump Strauss Hauer & Feld LLP

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Federal Circuit Broadens the Reach of Divided Infringement

If you read one thing... - The Federal Circuit revisited the law of divided infringement under § 271(a) after the Supreme Court remanded the case, noting that the Federal Circuit may have previously been “too narrowly...more

8/25/2015 - Akamai Technologies Contract Terms Divided Infringement En Banc Review Limelight Limelight v Akamai Patent Infringement Patents Remand SCOTUS

IP Newsflash - August 2015 #3

DISTRICT COURT CASES - Attorney’s Fees Awarded Against Plaintiff for Inadequate Pre-Filing Investigation and Meritless Post-Discovery Positions - A judge in the U.S. District Court for the Central District of...more

8/24/2015 - Attorney's Fees Exceptional Case Inter Partes Review Proceedings Octane Fitness v. ICON Patent Infringement Patent Invalidity Patent Litigation Patent Trial and Appeal Board Patents SAP America Inc.

IP Newsflash - August 2015 #2

FEDERAL CIRCUIT CASES - Federal Circuit Quashes $287 Million Enhanced Damages Award Finding Objectively Reasonable Defenses Raised During Litigation - The Federal Circuit has reversed a district court’s award of...more

8/17/2015 - America Invents Act Appeals Carnegie Mellon Covered Business Method Proceedings Damages De Novo Standard of Review Ford Motor Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Real Party in Interest Standing Willful Infringement

IP Newsflash - August 2015

DISTRICT COURT CASES - Humanized Antibody Not Found to Infringe Under DOE - A district court judge granted UCB, Inc.’s (plaintiff) motion for summary judgment that its Cimzia® product, a humanized monoclonal...more

8/10/2015 - Doctrine of Equivalents Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Pharmaceutical Manufacturers Pharmaceutical Patents Privity of Contract USPTO

IP Newsflash - July 2015 #4

FEDERAL CIRCUIT CASES - Federal Circuit Grants Mandamus Disallowing Use of U.S. Discovery in Foreign Proceedings - The Federal Circuit has granted mandamus vacating a New Jersey district court’s order that allowed...more

8/3/2015 - Abstract Ideas Appeals Declaratory Judgments Discovery First Impression Inter Partes Review Proceedings Japan Motions in Limine Nippon Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Protective Orders Samsung Section 101 Writ of Mandamus

IP Newsflash - July 2015 #3

DISTRICT COURT CASES - Expert Witness’ Flawed Infringement Opinion Supports an Award of Attorneys’ Fees - Defendants Six Flags Theme Parks Inc. sought an award of attorneys’ fees under 35 U.S.C. § 285 against...more

7/27/2015 - Attorney's Fees Daubert Standards Discovery Doctrine of Equivalents Exceptional Case Expert Witness Federal Rules of Evidence Frivolous Lawsuits Infringement Inventors Rule 11 Spoliation

IP Newsflash - July 2015 #2

FEDERAL CIRCUIT CASES - The Federal Circuit Rules that the PTAB’s Decision to Institute a CBM Cannot Be Challenged in Court This week, the Federal Circuit decided Versata II, a companion case to Versata Development...more

7/20/2015 - America Invents Act Broadest Reasonable Interpretation Standard Claim Construction Covered Business Method Proceedings Exceptional Case Patent Litigation Patent Trial and Appeal Board Patents

IP Newsflash - July 2015

DISTRICT COURT CASES - Judge Grants New Trial, Vacating $533 Million Verdict against Apple - A Texas federal court vacated a $533 million verdict against Apple in favor of Smartflash because of an improper jury...more

7/13/2015

IP Newsflash - June 2015 #2

DISTRICT COURT CASES - District Court Required Identification of Prior Art in Defendant’s Counterclaim of Invalidity - In the Southern District of New York, the court granted plaintiff’s motion to dismiss...more

6/23/2015 - Apple Counterclaims Inter Partes Review Proceedings Means-Plus-Function Patent Invalidity Patent Litigation Patents Prior Art Section 101 Summary Judgment

An Overview, A Summary And An Update To The Latest Patent Reform

Just four years ago in 2011, President Obama signed the America Invents Act (AIA) into law. Since the enactment of the AIA, there has continued to be steady pressure for further reform. In 2013, the Innovation Act was...more

6/19/2015 - America Invents Act Barack Obama Exceptional Case Highmark v. Allcare Innovation Act Legislative Agendas Legislative History Octane Fitness v. ICON PATENT Act Patent Reform Patents SCOTUS STRONG Patents Act TROL Act USPTO

Judge Gilstrap to Require Letter Briefing for Alice Motions Before Claim Construction

Judge Gilstrap of the Eastern District of Texas has implemented a new letter brief requirement to rein in the number of so-called “101” or “Alice” motions filed in one of the country’s busiest patent dockets. The Supreme...more

6/16/2015 - Abstract Ideas Claim Construction CLS Bank v Alice Corp Patent-Eligible Subject Matter Patents Section 101

IP Newsflash - June 2015

FEDERAL CIRCUIT CASES - CAFC: If (No Factual Findings), Then (No Deference) - Two days ago, on remand from the U.S. Supreme Court, the Federal Circuit in Shire v. Watson again affirmed its reversal of the...more

6/8/2015 - Claim Construction Clear Error Standard De Novo Standard of Review IBM Inter Partes Review Proceedings Patent Infringement Patent Invalidity Patent Litigation Patent Trial and Appeal Board Pharmaceutical Pharmaceutical Manufacturers Pharmaceutical Patents Remand Safeway Inc SCOTUS Shire Development v Watson

Good Faith Belief of a Patent's Invalidity Not a Defense to Induced Infringement

On May 26, 2015, the Supreme Court held in Commil USA, LLC v. Cisco Sys, Inc. that a defendant’s good-faith belief in the invalidity of the patent-in-suit is not a defense to induced infringement under 35 U.S.C. § 271(b)....more

6/4/2015 - Cisco v CommilUSA Good Faith Induced Infringement PATENT Act Patent Infringement Patent Invalidity Patent-in-Suit Patents SCOTUS

IP Newsflash - May 2015 #5

SUPREME COURT CASES - Invalidity is not a Defense to Infringement but a Defense to Liability - This week, on May 26, 2015, the Supreme Court held in Commil USA, LLC v. Cisco Systems, Inc. that a defendant’s...more

6/1/2015 - Cisco Cisco v CommilUSA Good Faith Induced Infringement Patent Infringement Patent Invalidity Patents SCOTUS

IP Newsflash - May 2015 #4

DISTRICT COURT CASES - Eastern District of Virginia Grants Summary Judgment of Noninfringement to Adobe - On May 7, 2015, Judge Brinkema of the United States district court for the Eastern District of Virginia...more

5/26/2015 - Adobe AT&T Mobility Cisco Claim Preclusion eBay IBM Issue Preclusion Motions in Limine Oracle Patent Infringement Patent Litigation Patents PayPal Royalties Verizon

IP Newsflash - May 2015 #3

FEDERAL CIRCUIT CASES - Federal Circuit Reverses Summary Judgment of Noninfringement Under § 271(e)(1) for Consideration of Certain Post-FDA-Submission Activities, But Expresses Skepticism About Infringement...more

5/18/2015 - Claim Construction ITC Joint Infringement Misappropriation Patent Infringement Patent Trial and Appeal Board Patents Pharmaceutical Patents Trade Secrets

IP Newsflash - May 2015 #2

SUPREME COURT CASES - U.S. Supreme Court Remands Case to Federal Circuit to Review Patent Under Teva - On April 20, 2015, the U.S. Supreme Court remanded a case back to the U.S. Court of Appeal for the Federal...more

5/11/2015 - Appeals Claim Construction Clear Error Standard Frivolous Lawsuits Motions in Limine Patent Infringement Patents Prior Art Remand Rule 11 SCOTUS

IP Newsflash - May 2015

FEDERAL CIRCUIT CASES - Subjective Term Not Indefinite when Intrinsic Record Provides Reasonably Certain Scope - On remand from the Supreme Court, on April 27, 2015, the Federal Circuit reassessed whether...more

5/4/2015 - Disparagement En Banc Review First Amendment Indefiniteness Nautilus Inc. v. Biosig Instruments Patent Infringement Patent Litigation Patents Sua Sponte

IP Newsflash - April 2015 #3

DISTRICT COURT CASES - District Court Awards Attorney Fees Under its Inherent Powers Rather than 35 U.S.C. § 285 - On October 10, 2013, plaintiff MyMedicalRecords, Inc. (MMR) sued defendants claiming...more

4/27/2015 - Attorney's Fees Claim Construction Facebook Judge Stark Judgment on the Pleadings Patent Infringement Patent Litigation Patents Section 101

IP Newsflash - April 2015 #2

Federal Circuit Decides Sua Sponte To Consider Patent Exhaustion Issues En Banc - On April 14, 2015, the Federal Circuit issued a precedential order pursuant to Fed. R. App. P. 35(a) ordering that the pending appeal in...more

4/20/2015 - En Banc Review Lexmark Patent Exhaustion Patents

IP Newsflash - April 2015

DISTRICT COURT CASES - Patent Directed to Online Auction Held Invalid Under § 101 - A district court recently granted a defendant’s motion for judgment on the pleadings, holding that a patent directed to an...more

4/6/2015 - Abstract Ideas eBay Internet Auctions Judgment on the Pleadings Patent Litigation Patent-Eligible Subject Matter Patents Section 101

IP Newsflash - March 2015 #4

U.S. SUPREME COURT CASES - B&B Hardware, Inc. v. Hargis Industries, Inc., Potential Issue Preclusion on Likelihood of Confusion Rulings - On March 24, 2015, the United States Supreme Court ruled that that a...more

3/30/2015 - B&B Hardware v Hargis Industries Doctrine of Equivalents Issue Preclusion Patent Infringement Patents SCOTUS Trademark Infringement Trademarks

IP Newsflash - March 2015 #3

FEDERAL CIRCUIT CASES - Federal Circuit Reverses $61 Million Judgment Based on Erroneous Claim Construction - Despite the Supreme Court’s recent Teva v. Sandoz decision that factual findings by a district court...more

3/23/2015 - Advertising Claim Construction CLS Bank v Alice Corp Patent Infringement Patent Litigation Patents Trademarks

IP Newsflash - March 2015 #2

DISTRICT COURT CASES - Patent Misuse is Not a Stand-Alone Cause of Action - Plaintiffs Continental Automotive GmbH and Continental Automotive Systems, Inc. (collectively Continental) filed a complaint iBiquity...more

3/16/2015 - Automotive Industry Intellectual Property Litigation Patent Infringement Patent Litigation Patent Trial and Appeal Board Patent-Misuse Patents Toyota

IP Newsflash - March 2015

DISTRICT COURT CASES - Case Deemed Exception Where Patentee’s Infringement Read Contradicted a Prior Claim Construction Order of Related Patents in a Prior Litigation - After construing a critical disputed claim...more

3/10/2015 - Claim Construction CLS Bank v Alice Corp Inter Partes Review Proceedings Judgment on the Pleadings Limelight v Akamai Patent Infringement Patent-Eligible Subject Matter Patents

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