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Lost-Profits Damages Available Despite 50 Percent Price Disparity - Akamai Techs., Inc. v. Limelight Networks, Inc.

The U.S. Court of Appeals for the Federal Circuit found that lost-profits damages were available in a situation where the accused product sold for half the price of the patentee’s product, and consequently remanded the case...more

Patentee’s Admission that Certain Technology Is Prior Art, Without More, Is Not a Ground of Unpatentability in IPR Petition -...

Addressing the statutory requirements for prior art in an inter partes review (IPR) petition, the Patent Trial and Appeal Board (PTAB or Board) dismissed the IPR petition, finding that written admissions in the challenged...more

Attorney’s Fees Awarded in “Nonsensical” Trade Secrets Case - Cypress Semiconductor Corp. v. Maxim Integrated Products, Inc.

Upholding an award of more than $180,000 in attorneys’ fees under the California Uniform Trade Secret Act (CUTSA) for bringing a bad faith misappropriation claim, the California Court of Appeal found that “Cypress filed a...more

No Collateral Estoppel in Subsequent Case Where Decision in Earlier Case Subject to Multiple Possible Theories - United Access...

Addressing the applicability of the collateral estoppel doctrine, the U.S. Court of Appeals for the Federal Circuit concluded that there was no collateral estoppel barring the patentee from reasserting the same patent claims...more

Legal Malpractice Claims Against Prosecuting Attorneys Belong in State Court - NeuroRepair, Inc. v. Nath Law Group

Addressing whether the federal district court had jurisdiction over state legal malpractice claims relating in part to the prosecution of patent applications, the U.S. Court of Appeals for the Federal Circuit held that the...more

3/5/2015

“Nonce” Words and Means-Plus-Function Analysis

Williamson v. Citrix Online, LLC - Where the word “means” is not actually recited in a patent claim, case law provides a strong presumption that the claim is not a means-plus-function claim under § 112(f). If it is...more

Neither Data Structures Nor Gathering and Combining Data Are Subject-Matter Eligible

Digitech Image Technologies, LLC v. Electronics for Imaging, Inc. - In a short opinion addressing subject-matter eligibility under 35 U.S.C. § 101, the U.S. Court of Appeals for the Federal Circuit found that patent...more

On a Plain and Ordinary Meaning of “Embedded” Code in a Web Page

Augme Techs., Inc. v. Yahoo! Inc. - Addressing a district court’s construction of the claim term “embedded” code as code “written into the HTML code of the web page” and the related summary judgment of non-infringement...more

Expert's Failure to Properly Apply Obviousness Standard Leads to Vacated Jury Verdict

InTouch Techs., Inc. v. VGo Communications, Inc. - Addressing the sufficiency of expert testimony to support a jury’s finding of obviousness, the U.S. Court of Appeals for the Federal Circuit reversed the district...more

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