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Federal Circuit Upholds $35 million Infringement Award to KFx Medical

(January 20, 2015) KFx Medical Corp.‘s $35 million patent infringement award against Arthrex, Inc. was upheld by the Federal Circuit. KFx’s lawsuit alleged that Arthrex’s SutureBridge and SpeedBridge devices infringed U.S....more

Court Declines To Lift Stay Pending IPR

Princeton Digital Image Corporation v. Konami Digital Entertainment Inc., et al., C.A. No. 12-1461-LPS-CJB; Princeton Digital Image Corporation v. Ubisoft Entertainment SA, C.A. No. 13-335-LPS-CJB, January 14, 2015....more

Supreme Court of Arizona Weighs in on the Preemption Provision of the State’s Trade Secrets Act

Orca Communications Unlimited, LLC v. Noder - The Uniform Trade Secrets Act’s (UTSA) displacement provision creates an exclusive cause of action for claims based on misappropriation of trade secrets and preempts...more

District Court Sanctions Defendants for Failing to Agree to Standard Protective Order

In this patent infringement action, the plaintiff filed a motion for entry of a standard protective order after the defendant would not agree to sign a stipulated protective order. As explained by the district court, the...more

Final Judgment Is Entered Despite Rule 60 Motion To Set Aside Verdicts

Stark, C.J. Defendants’ request to enter final judgment is granted; Plaintiff’s motion to set aside verdicts of infringement and validity is denied. Defendant’s request to sanction is denied....more

Court Rules On Curative Jury Instruction Regarding Damages

Transcenic, Inc. v. Google, Inc., C.A. No. 11-582-LPS, January 12, 2015. Stark, J. Court resolves dispute regarding curative jury instruction relating to damages....more

Carnegie Mellon University v. Marvell: $1.5 Billion at Stake at the Federal Circuit

Currently on appeal to the United States Court of Appeals for the Federal Circuit is Carnegie Mellon University’s (“CMU”) $1.535 billion judgment for patent infringement against Marvell Technology Group Ltd. and Marvell...more

Staging a Multi-front Patent War

Although the United States may still occupy a leading position when companies are deciding where to enforce their patent rights worldwide, patentees who hold patent rights in multiple countries have started opening up...more

PTAB Authorizes the Filing of a Motion for Sanctions Against Inventor

In IPR2014-00739 involving petitioner Shire Development LLC and patent owner LCS Group, LLC, the petitioner sought authorization to file a motion for sanctions against the inventor based on his communications with petitioner...more

IP Newsflash - January 2015

FEDERAL CIRCUIT CASES - Federal Circuit Explains the Role of Actual Profits in Reasonable Royalty Calculations and the Relationship Between Preliminary Injunctions and Willful Infringement - On December 22,...more

Wonderful End of 2014 for Pom Wonderful

Pom Wonderful received an early New Year’s present from the Ninth Circuit last Tuesday. A lower court had denied Pom Wonderful’s motion to enjoin the company doing business as Pur Beverages from using “pom” on its...more

Monster Bites Back, Accuses Beats of Monstrous Scam

It’s a monster movie cliché – near the end, when the monster is “dead,” the dust is settling and the heroes are patting each other on the back, the monster rises from the dead and goes on one more rampage before it expires....more

Partial Summary Judgment Limiting Damages Is Granted

Stark, C.J. Defendants’ motion for summary judgment of invalidity is denied. Defendants’ motion for partial summary judgment limiting damages to post-complaint activities is granted. Declaration of Plaintiff’s expert in...more

Top Stories of 2014: #6 to #4

After reflecting upon the events of the past twelve months, Patent Docs presents its eighth annual list of top patent stories. For 2014, we identified eighteen stories that were covered on Patent Docs last year that we...more

Looking Ahead: Top IP and Technology Trends for 2015

2015 promises to be a challenging year for intellectual property law. Here is Brooks Kushman’s list of significant IP and technology law trends that clients should be prepared for in 2015....more

IP Newsletter - January 2015

In This Issue: - Castle Defense: Federal Circuit Reinforces Patent Damages Gate in VirnetX - Standards Patent Licensing: Always Apportionment, Sometimes Stacking - Supreme Court to Consider Good-Faith...more

Federal Circuit to Consider Whether Delay in Filing Suit Can Bar Damages or Injunctive Relief in Patent Case

Speed Read - The Federal Circuit has granted an en banc rehearing in SCA Hygiene Products v. First Quality Baby Products to revisit whether and to what extent a patent owner’s unreasonable delay in filing an...more

Design Patent Case Digest: Robinson v. JoeyBra LLC

Decision Date: May 8, 2013 and June 3, 2014 Court: W.D. Virginia - Patent: D448,541 - Holding: Plaintiff’s motion for reconsideration of order denying preliminary injunction - DENIED. Defendant’s motion for...more

Court Of Appeal Reinforces Trial Judge’s “Widest Discretion” When Awarding Costs Under CPR 44

In Coward v Phaestos Ltd & ors [2014] EWCA Civ 1256, 2 October 2014, the defendants were awarded their costs, having obtained significantly more in their counterclaim than that provided for by the claimant’s rejected...more

Patent Owner Without Control of Licensee Has No Standing to Sue

Azure Networks, LLC v. CSR PLC - Applying patent licensor-licensee standing law to defendants’ motion to dismiss a plaintiff, the Federal Circuit affirmed the district court’s ruling that a patent owner had transferred...more

Stays of Litigation Warranted Even When the CBM Review Does Not Address All Asserted Claims or All Invalidity Defenses

Versata Software, Inc. v. Callidus Software, Inc. - Addressing the denial of a stay pending the covered business method (CBM) review of some, but not all, asserted claims in a district court action, the U.S. Court of...more

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

District Court Declines to Award Supplemental Damages for Pre-Verdict Damages Even Though Defendant Did Not Produce All of Its...

After a jury trial in which TransPerfect was awarded damages, TransPerfect moved for an award of supplemental damages under 35 U.S.C. § 284 on the theory that the jury did not award it damages for infringement that occurred...more

Premature Motion to Stay Pending Inter Partes Review Denied Where Patent Trial and Appeal Board Had Not Yet Granted the Petition...

Reflectix, Inc., Innovative Insulation, Inc., TVM Building Products, Inc., Energy Efficient Solutions, LLC, and Home Depot U.S.A., Inc.'s (collectively, "Defendants") filed a motion to stay pending and Inter Partes Review...more

Petitioner Authorized to File Sanctions Motion Against Inventor

In Shire Development LLC, LCS Group, LLC, IPR2014-00739, Paper 14 (December 23, 2014), the Board authorized petitioner to file a motion for sanctions after the inventor Dr. Louis Sanfilippo, send an email in violation of the...more

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