Natalie Bennett

Natalie Bennett

McDermott Will & Emery

Contact  |  View Bio  |  RSS

Latest Publications

Share:

District Courts on Willful Infringement Post-Halo

In two recent decisions addressing the issue of willful infringement, the US Court of Appeals for the Federal Circuit recalled its mandate, vacated portions of earlier decisions and remanded to the district court the...more

10/27/2016 - Appeals Enhanced Damages Halo v Pulse Patent Infringement Patent Litigation Patent Validity Patents Popular Stryker v Zimmer Willful Infringement

First Application of Supreme Court’s Halo Willfulness Framework

In its first post-Halo decision on willful infringement, the US Court of Appeals for the Federal Circuit unanimously affirmed the district court’s award of enhanced damages in WBIP LLC v. Kohler Co., Case Nos. 15-1038; -1044...more

8/29/2016 - Enhanced Damages Halo v Pulse Judgment As A Matter Of Law Jury Trial Obviousness Patent Infringement Patent Invalidity Patents Permanent Injunctions Reaffirmation Remand Seagate Vacated Willful Infringement

En Banc Court Ties On-Sale Bar to Commercial Sale in Accordance with Uniform Commercial Code

In a unanimous en banc decision, the US Court of Appeals for the Federal Circuit established the circumstances under which a product manufactured according to product-by-process claims is invalid under the “on-sale bar” of 35...more

8/29/2016 - America Invents Act Appeals Hatch-Waxman On-Sale Bar Patents Pharmaceutical Industry Uniform Commercial Code (UCC)

Extending the Reach of Octane Fitness Under the Lanham Act **WEB ONLY**

The US Court of Appeals for the Fifth Circuit adopted and applied the Supreme Court of the United States’ rationale for an award of attorneys’ fees in patent cases to a trademark case. In doing so, the Fifth Circuit aligned...more

7/7/2016 - Appeals Attorney's Fees Bad Faith Business Disparagement Clear and Convincing Evidence Defamation Exceptional Case Lanham Act Octane Fitness v. ICON Preponderance of the Evidence Standard of Review Totality of Circumstances Test Trademark Infringement Trademarks

The New Willfulness Paradigm

The Supreme Court of the United States traced two centuries of analysis related to enhanced damages in patent cases to conclude that the US Court of Appeals for the Federal Circuit’s two-part test, announced nearly a decade...more

6/29/2016 - 35 U.S.C. § 284 Enhanced Damages Halo v Pulse Judicial Discretion Octane Fitness v. ICON Patent Infringement Patent Litigation Patents Preponderance of the Evidence SCOTUS Seagate Standard of Proof Standard of Review Stryker v Zimmer Willful Infringement

Foreign Litigation Does Not Defeat Presumption of Laches - Lismont v. Alexander Binzel Corp.

Addressing laches issues in the context of a multi-jurisdictional dispute, the US Court of Appeals for the Federal Circuit affirmed a summary judgment ruling that the plaintiff’s correction of inventorship lawsuit was barred...more

4/6/2016 - Laches Multi-Jurisdictional Litigation Patent Cooperation Treaty Patents Summary Judgment

Repeated Disparagement of the Prior Art in the Specification Can Operate as a Clear and Unmistakable Disavowal of Claim Scope -...

Addressing issues of claim construction, the United States Court of Appeals for the Federal Circuit affirmed the district court’s narrow construction based on a disclaimer in the specification. Openwave Systems, Inc., NKA...more

2/12/2016 - Apple Claim Construction Disclaimers ITC Patent Litigation Prior Art Scope of the Claim

Directing a Known Treatment to a Sub-Population of Patients Is Obvious - Prometheus Labs, Inc. v. Roxane Labs., Inc.

Addressing obviousness issues, the U. S. Court of Appeals for the Federal Circuit affirmed the district court’s invalidity conclusion, agreeing that the elements present in the prior art—including earlier disclosed genus...more

12/31/2015 - ANDA Obviousness Patent Invalidity Patents Pharmaceutical Patents Prior Art

Transformative Parody Entitled to Independent Copyright Protections - Keeling v. Hars

The U.S. Court of Appeals for the Second Circuit affirmed a district court in a rare instance where a playwright’s derivative work—a parody—fell within the fair use doctrine and acquired sufficient originality to warrant...more

12/17/2015 - Copyright Copyright Infringement Copyright Litigation Derivative Works Fair Use Parody Transformative Use

Contract Manufacturing Is a Commercial Transaction for Purpose of “On-Sale” Bar - The Medicines Company v. Hospira, Inc.

Addressing the application of the on-sale bar under § 102(b), the U.S. Court of Appeals for the Federal Circuit found that the claims of an asserted patent were invalid based on an agreement, dated more than one year prior to...more

8/28/2015 - Appeals FDA Generic Drugs Hatch-Waxman On-Sale Bar Patent Applications Patent Infringement Patent Litigation Patents Pharmaceutical Industry Pharmaceutical Patents Prescription Drugs

Empowering Customers to Sell an Exonerated Accused Product - Speedtrack Inc. v. Office Depot, Inc.

In a decision that expands a customer’s right to defend itself under the Kessler doctrine, the Federal Circuit clarified that a customer is not subject to liability for a product that has already been cleared of patent...more

8/4/2015 - Doctrine of Equivalents Kessler Doctrine Office Depot Patent Infringement Patent Litigation Patents Summary Judgment USPTO

No Attorneys’ Fee Award Based On Dismissed Counterclaim - Burford v. Accounting Practice Sales, Inc.

In an appeal between two parties to a contract for marketing and selling defendant’s accounting practices in various states, the U.S. Court of Appeals for the Seventh Circuit addressed whether the defendant breached the...more

7/9/2015 - Accounting Appeals Attorney's Fees Breach of Contract Contract Terms Counterclaims Dismissals Lanham Act Marketing Misappropriation Summary Judgment Trade Names

What Was Old Is New Again for Means + Function Claim Elements

The U.S. Court of Appeals for the Federal Circuit, sitting en banc for the limited purpose of revisiting when claims invoke the means-plus-function language of 35 U.S.C. § 112, ¶ 6 (§ 112(6)) (now § 112(f)) replaced a part of...more

6/19/2015 - Intellectual Property Litigation Means-Plus-Function Patent Infringement Patent Litigation Patents Software

No Interlocutory Review of Pre-Institution Stay Motion’s in CBM Proceedings - Intellectual Ventures II LLC v. JPMorgan Chase &...

Upon consideration of an issue of first impression, the U.S. Court of Appeals for the Federal Circuit addressed its limited jurisdiction to hear an interlocutory appeal on a motion to stay a district court proceeding under §...more

5/6/2015 - America Invents Act Appeals Covered Business Method Proceedings Interlocutory Appeals JPMorgan Chase Jurisdiction Motion To Stay Patent Infringement Patent Trial and Appeal Board Patents

In SEP Assertion Cases, Apportionment Trumps Entire Market Rule - Ericsson, Inc. v. D-Link Sys. Inc., et al.

Ericsson, Inc. v. D-Link Sys. Inc., et al. - The U.S. Court of Appeals for the Federal Circuit addressed a spectrum of issues surrounding industry standards for electronic devices that wirelessly access the internet,...more

2/9/2015 - Appeals Apportionment Ericsson IP License Patent Litigation Patents Royalties Wireless Industry

Reissue Patents Must Be Drawn to the Same Invention as the Original Patent

Antares Pharma, Inc. v. Medac Pharma Inc. - Addressing the original-patent requirement, tracing vintage Supreme Court cases and interpreting the statutory purpose of 35 U.S.C. § 251, the U.S. Court of Appeals for the...more

12/31/2014 - Patent Infringement Patent Litigation Patents Pharmaceutical Patents Reissue Patents

Federal Circuit Addresses Plethora of Issues in Affirming $19.5 Million Damage Award

SSL Services, LLC v. Citrix - The U.S. Court of Appeals for the Federal Circuit, in an opinion that broached issues of claim construction, non-infringement, willful infringement, invalidity, the legal implications of a...more

12/1/2014 - Appeals Attorney's Fees Claim Construction Evidentiary Rulings Federal Rules of Civil Procedure Infringement Patent Litigation Patents Prejudgment Interest Prevailing Party Validity

Federal Circuit Sidesteps Constitutionality of AIA First-to-File Provision

MadStad Eng’g, Inc. v. USPTO - The U.S. Court of Appeals for the Federal Circuit faced an issue of first impression when a named inventor on three patents challenged the first-inventor-to-file provision of the America...more

9/5/2014 - America Invents Act Appeals Federal Jurisdiction First-to-File Inventors Patents Standing USPTO

No “Plausible Basis” to Establish Federal Circuit Jurisdiction in Transfer From Eleventh Circuit

Krauser v. Biohorizons, Inc. - Addressing whether a declaratory judgment action qualified as a civil action relating to patents for purposes of establishing appellate jurisdiction, the U.S. Court of Appeals for the...more

8/8/2014 - Declaratory Judgments Jurisdiction Transfer of Venue Venue

Federal Circuit Orders Stay Pending Completion of CBM Review

Applying section 18(a)(1) of the America Invents Act (AIA) to an issue of first impression, a divided panel of the U.S. Court of Appeals for the Federal Circuit reversed a district court, ordering a stay of the district court...more

7/17/2014 - America Invents Act Appeals Covered Business Method Patents Covered Business Method Proceedings Highmark v. Allcare Order to Stay Patent Litigation Patent Trial and Appeal Board Patents Post-Grant Review Salesforce

Zero Damages Does Not Preclude Equitable Relief

Platypus Wear, Inc. v. Horizonte LTDA - The U.S. Court of Appeals for the Eleventh Circuit vacated and remanded a district court’s conclusion that where the jury found liability but awarded zero damages, the district...more

5/19/2014 - Damages Equitable Relief Trademark Litigation Trademarks

Trade Dress, Sovereign Immunity, World Politics and R.60 Collide - Bell Helicopter Textron Inc. v. Islamic Republic of Iran,

The U.S. Court of Appeals for the District of Columbia Circuit affirmed the vacatur of final default judgment against the Islamic Republic of Iran (Iran) for alleged trade-dress infringement. The unanimous panel agreed with...more

1/7/2014 - Infringement Iran Sovereign Immunity Subject Matter Jurisdiction Trade Dress

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

25 Results
|
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×