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Civil Procedure Civil Remedies Science, Computers & Technology

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Shareholder Seeks to Block Amendment to Intel Stock Plan

A shareholder of Intel Corporation has filed a complaint in the United States District Court for the Southern District of New York. The shareholder seeks a preliminary and permanent injunction and any other appropriate relief...more

Dow succeeds on major issues in patent infringement profits case

by Smart & Biggar on

The Federal Court has issued their Public Judgment and Reasons concerning the financial compensation to be paid as a result of earlier patent infringement and validity proceedings between Dow Chemical Company (“Dow”) and NOVA...more

Auction House Accused of Scraping Competitor’s Web Listings

Screen scraping is a problem that has vexed website owners since the early days of e-commerce – how to make valuable content available to users and customers, but prevent competitors from accessing such content for commercial...more

Failure of Licensee to Mark May Upend $15.7 Million Damage Award

In Rembrandt Wireless Technologies, LP v. Samsung Electronics CO., LTD., [2016-1729] (April 17, 2017), the Federal Circuit affirmed the district court’s claim construction and denial of Judgment as a Matter of Law (JMOL),...more

A Bump in the Road: An Update on the Waymo v. Uber Litigation

The Waymo v. Uber trade secrets litigation has been underway for less than two months but the case has already hit quite few speed bumps with multiple discovery battles, Waymo’s efforts to obtain a preliminary injunction from...more

Federal Circuit Patent Updates - April 2017

by WilmerHale on

Affirming judgment of noninfringement of one patent and reversing judgment of infringement of another patent. All asserted claims required a particular process step, construed as defined by one example in the specification,...more

What do Raging Bull and Adult Diapers Have in Common?

by Dorsey & Whitney LLP on

Apparently, quite a bit according to the Supreme Court. The Supreme Court has dipped its toe into the waters of intellectual property law again and has decided to overturn 150 years or more of common law precedent in its...more

A Federal Court in Kentucky Shoots Down Drone Airspace Case

The Western District of Kentucky recently granted a motion to dismiss for lack of subject matter jurisdiction, determining that there is no federal question jurisdiction when a claim is brought for trespass to chattels and...more

Inventorship Claims That Took $8 Million to Defeat Were Not “Exceptional”

In University of Utah v. Max-Planck-Gesellschaft Zur Foerderung der Wissenschaften E.V., [2016-1336] (March 23, 2017), the Federal Circuit affirmed the district court’s finding that the case was not exceptional within the...more

Janssen v. Celltrion, Damages: “Patent Dance” May Determine Availability of Lost Profits

On March 2, 2017, the United States District Court for the District of Massachusetts issued an order in Janssen v. Celltrion explaining that an accused patent infringer’s failure to fully engage in the Biologics Price...more

Enhanced Patent Damages in the Wake of Halo May Not Be So Easy to Come By

Background - Last year, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923 (2016), the Supreme Court weighed in on the question of enhanced damages in patent cases and rejected the then-existing...more

Ontario Superior Court dismisses summary judgment motion in Lansoprazole Section 8 Claim

by Smart & Biggar on

On February 27, 2017, the Ontario Superior Court of Justice (2017 ONSC 1348) dismissed a motion for summary judgment brought by Abbott Laboratories and Takeda Pharmaceuticals, the defendants in an action for damages brought...more

The Fate of Patent Laches: SOL

by Stoel Rives LLP on

On Tuesday, the U.S. Supreme Court abolished a decades-old rule that allowed for application of the equitable defense of laches in patent cases. Until now, patent owners were required to justify filing suit after a period of...more

U.S. Supreme Court Diminishes Laches Defense in Patent Infringement Cases

On March 21, 2017, the U.S. Supreme Court confirmed that "laches" is not a defense to infringement during a statutory damages period set by Congress in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC....more

Bayer CropScience AG and Bayer S.A.S. v. Dow Agrosciences LLC (Fed. Cir. 2017)

Last week, in Bayer CropScience AG and Bayer S.A.S. v. Dow Agrosciences LLC, the Federal Circuit determined that the District Court for the District of Delaware did not abuse its discretion in determining that, under the...more

Lanham Act Lesson: Dropbox Drop Kicks Opponent and Scores Attorneys’ Fees Award

by Dorsey & Whitney LLP on

As the sun set on 2016, the 9th Circuit Court of Appeals in Sunearth, Inc. v. Sun Earth Solar Power, Co. embraced a new standard for awarding attorneys’ fees in Lanham Act cases. Adopting the U.S. Supreme Court’s rationale...more

Biosimilar Remedies Not Limited Without Full Patent Dance

by Foley & Lardner LLP on

The judge presiding over the pending biosimilar litigation between Janssen and Celltrion/Hospira has issued guidance regarding the ramifications of a potential standing defect. Judge Wolf opined that Janssen’s biosimilar...more

Federal Circuit Addresses "Reasonable Royalty" Standards in Prism Tech. LLC v. Sprint Spectrum L.P.

by Jones Day on

In recently affirming a $30 million damages award, the U.S. Court of Appeals for the Federal Circuit expounded on two key factors—prior settlement agreements and cost savings—that can impact "reasonable royalty" damages under...more

Federal Court Cracks Down on Intentional Infringement with $1 Million Punitive Damages Awards

by Bennett Jones LLP on

It's been a costly week for intentional infringers of intellectual property (IP) rights. In two separate decisions, the Federal Court of Canada has awarded $1 million in punitive damages. These are among the highest punitive...more

District Court Rules that BPCIA Does Not Limit Innovator’s Remedy If Patent Dance Not Followed

In a memorandum and order published last Friday in the Janssen v. Celltrion litigation pending in the federal district court in Massachusetts, Judge Mark L. Wolf provided “guidance” that the Biologics Price Competition and...more

[Webinar] Willful Patent Infringement in Today’s World of Medical Devices: Opinions of Counsel and Operating in a State of Flux -...

As courts apply the Supreme Court’s direction on willful infringement, U.S. companies have guideposts to look to on the bounds in which they can operate. For in-house counsel with a budget, obtaining an opinion letter for...more

Another Shot Across The Virtual Bow

This post is a follow-up to my post a couple weeks ago regarding the Zenimax v. Oculus case. As expected, Zenimax filed its motion for an injunction on February 23. The motion itself pulls no punches. It directly and...more

Genentech’s BPCIA Complaint Against Amgen Dismissed

Today, Judge Gregory Sleet of the U.S. District Court of Delaware orally dismissed Genentech’s lawsuit against Amgen alleging violations of the BPCIA. Judge Sleet did not issue a written opinion, but his order states that...more

The Supreme Court Chooses Quantity over Quality – Supplying a Single Component of a Multicomponent Invention Does Not Constitute...

On February 22, 2017, the U.S. Supreme Court addressed the issue of whether the supply of a single component of a multicomponent invention qualifies as an infringing act under 35 USC §271(f)(1) of the U.S. Patent Act. In its...more

Will You, Won't You Join The Biosimilar Patent Dance?

by Foley & Lardner LLP on

In the latest dispute surrounding the “patent dance” provisions of the Biologics Price Competition and Innovation Act (BPCIA), Genentech, Inc. has filed a complaint against Amgen, Inc., alleging that after opting into the...more

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