Monte Cooper

Monte Cooper

Orrick, Herrington & Sutcliffe LLP

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Ninth Circuit Upholds Landmark FRAND Decision and Jury Verdict

The Ninth Circuit yesterday (July 30, 2015) issued one of the most significant appellate opinions regarding standard essential patents (SEPs) subject to commitments to license on fair, reasonable and non-discriminatory...more

8/3/2015 - Appeals Breach of Contract FRAND Germany Injunctions ITC Jury Trial License Agreements Microsoft Motorola Patent Infringement Patent Royalties Patents Popular Standards-Essential Patents

CEOs May Be at the “Apex” of Their Companies, But They Can Still Be Deposed

Order Re: Discovery Dispute, Finisar Corp. v. Nistica, Inc., Case No. 13-cv-03345-BLF (Magistrate Judge Jacqueline Scott Corley) - One of the more contentious issues in civil litigation involves the question of under...more

7/8/2015 - Depositions Discovery Patent Infringement Patents

Magistrate Judge Grewal Wrestles with Kessler

Report and Recommendation Denying Motion For Judgment On the Pleadings, Technology Properties Limited LLC v. Barnes & Noble, 3:12-cv-03863-VC (Magistrate Judge Grewal) - “Talk up anyone in the patent litigation...more

6/4/2015 - Barnes and Noble ITC Kessler Doctrine Patent Infringement Patents

When a Picture is Not Enough: Specificity of Infringement Contentions

Order Requiring Parties to Meet and Confer Regarding Infringement Contentions, Monolithic Power Systems, Inc. v. Silergy Corporation, et al., 14-cv-01745 (Magistrate Judge Westmore) - The cliché that “a picture is...more

6/3/2015 - Infringement Meet and Confer Patent Infringement Patent Litigation Patents Photographs

“And One”: Stricken Infringement Contentions Warrant Dismissal And Judgment of Non-Infringement

Order Entering Judgment, Blue Spike LLC v. Adobe Systems, Inc., 14-cv-01647 (Judge Yvonne Gonzales-Rogers) - Bay Area fans of the red-hot Golden State Warriors are familiar with basketball’s “and one” rule: if a player...more

5/29/2015 - Adobe Patent Infringement Patent Litigation Patents

Ultramercial Inc. v. Hulu, LLC: Federal Circuit Invites Early Challenges to Subject Matter Eligibility of Software Patents

Earlier this year, in Alice v. CLS Bank, the Supreme Court set out guidelines for determining whether patents claiming software and hardware features are statutorily eligible for patentability under 35 U.S.C. § 101. Following...more

11/21/2014 - CLS Bank v Alice Corp Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Software Ultramercial v Hulu

Supreme Court Liberalizes Award of Attorney Fees in Patent Cases

Yesterday, describing the Federal Circuit's two-part test as "unduly rigid" and "impermissibly encumber[ing] the statutory grant of discretion to district courts," Justice Sonia Sotomayor delivered a pair of unanimous U.S....more

4/30/2014 - Attorney's Fees Highmark v. Allcare Octane Fitness v. ICON Patent Infringement Patent Litigation Patents SCOTUS

U.S. Supreme Court Holds That Patentees Bear the Burden of Proof of Infringement in DJ Actions Brought by Licensee

A patentee bears the burden of proving infringement when a licensee seeks a declaratory judgment of non-infringement, the U.S. Supreme Court has held. The ruling reversed the Federal Circuit and clarified declaratory...more

1/28/2014 - Burden of Proof Evidence Genentech Infringement License Agreements MedImmune v Genentech Medtronic v Boston Scientific Medtronics Patent Infringement Patent Litigation Patents Royalties SCOTUS

Reverse Payment Settlements Now Subject to Antitrust Scrutiny, But Lower Courts Left to Fill in the Blanks

Earlier this week in FTC v. Actavis, No. 12-416 (U.S. Jun. 17, 2013), the Supreme Court handed down its long-anticipated ruling on “reverse payment” or “pay-for-delay” agreements, holding that these agreements—while not...more

6/19/2013 - Antitrust Litigation FTC FTC v Actavis Generic Drugs Hatch-Waxman Patent Infringement Patents Pharmaceutical Reverse Payment Settlement Agreements

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