Damages experts in patent cases have a tough task. They must construct a hypothetical negotiation between the parties that would have taken place just before the alleged infringement started. And the goal of this hypothetical...more
Sticks and stones may break your bones, but don’t complain to the Court of Appeals for the Federal Circuit (“CAFC”) if a patentee calls you an infringer, claims you copied, or threatens to sue your customers. Holding speech...more
Here, Hunting Titan petitioned for IPR of DynaEnergetics’ ’422 patent, asserting that the patent was anticipated in light of the Schacherer reference. The Board instituted the IPR and found all original claims unpatentable as...more
The patent holder, Kyocera, filed a complaint in the International Trade Commission against Koki in Certain Gas Spring Nailer Prods. & Components Thereof, Inv. No. 337-TA-1082, 2020 WL 2093834 (Apr. 28, 2020). Kyocera’s...more
As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more
STATIC MEDIA LLC v. LEADER ACCESSORIES LLC - Before Dyk, Reyna, and Taranto. Appeal from the Western District of Wisconsin. Summary: It was an abuse of discretion to hold a party in contempt for an alleged protective...more
The ITC monthly wrap-up for March 2022 focuses on two Federal Circuit decisions that help explore two of the major differences between patent litigation in the International Trade Commission (ITC) and federal district court:...more
This case was the second opinion in a patent dispute saga between two poultry processing competitors over patented poultry chilling technology. See John Bean Tech. Corp. v. Morris & Associates, Inc., 887 F.3d 1322 (Fed. Cir....more
[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more
In Kyocera Senco Industrial Tools Inc. v. International Trade Commission, the Federal Circuit held in a precedential opinion that expert witnesses must at least have ordinary skill in the art. Because Kyocera’s expert did not...more
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more
The Federal Circuit in AMC Multi-Cinema, Inc. v. Fall Line Patents (Fed. Circ. September 30, 2021, op. 21-1051) held that the PTAB partially abused its discretion when upholding one claim of U.S. Patent No. 9,454,748 for...more
The US Court of Appeals for the Federal Circuit affirmed the denial of a preliminary injunction that would have forced the accused infringer to seek dismissal of its petitions for inter partes review (IPR) based on a...more
Precedential Federal Circuit Opinions IN RE: JUNIPER NETWORKS, INC. [OPINION] (2021-160, September 2, 2021) (Lourie, Bryson, and Taranto) - Per curiam. Issuing writ of mandamus directing the United States District Court...more
In Re: Juniper Networks, Inc. Before Lourie, Bryson, and Taranto. Per Curiam. On Petition for Writ of Mandamus to the United States District Court for the Western District of Texas. Summary: A party’s relatively...more
Earlier this month, the Patent Trial and Appeal Board granted a request for rehearing in Maxlite, Inc. v. Jiaxing Super Lighting Elec. Appl. Co., Ltd., No. IPR2020-00208, Paper 14 (P.T.A.B. June 1, 2021), thereby instituting...more
Despite no precedential patent decisions at the Federal Circuit, the Court still addressed some interesting issues last week, including whether a license agreement from 1993 bars patent infringement claims on LTE technology...more
Trial courts tend to get more than the benefit of the doubt when their decisions are viewed under the "abuse of discretion" standard, and juries similarly are affirmed unless there isn't substantial evidence supporting their...more
The Federal Circuit has taken the occasion, in appeals from the Patent Trial and Appeal Board as well as district courts, to remand judgments whenever the Court believes that the record below is devoid of sufficient detail to...more
The US Court of Appeals for the Federal Circuit granted an accused infringer’s mandamus petition to transfer a case from the Western District of Texas to the Northern District of California, concluding that the district court...more
Precedential Federal Circuit Opinions: In Re NITRO FLUIDS L.L.C. [ORDER] (2020-0142, 10/28/28) (REYNA, WALLACH, and CHEN) - Reyna, J. The Court considered a petition for a writ of mandamus seeking transfer from the...more
On July 24, 2020, a panel of the Court of Appeals for the Federal Circuit issued splintered precedential opinions surrounding the interplay of state sovereign immunity under the Eleventh Amendment and required joinder of...more
Since Judge Alan D. Albright took the bench in the Western District of Texas in September 2018, the number of patent litigation cases in that district has risen exponentially....more
When the Court of Appeals for the Federal Circuit reversed the lower court’s award of attorney fees in Munchkin, Inc. v. Luv n’ Care, Ltd. last month, we were reminded that, while a district court has wide latitude to...more
PATENT CASE OF THE WEEK - Communication Test Design, Inc. v. Contec, LLC, Appeal No. 2019-1672 (Fed. Cir. March 13, 2020) - This week’s Case of the Week explores two important procedural issues: a court’s discretion to...more