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On the Evolution of Induced Infringement Jurisprudence

A petition for certiorari from the decision in Commil v. Cisco — in which the U.S. Court of Appeals for the Federal Circuit recognized for the first time that “evidence of an accused infringer’s good-faith belief of...more

BakerHostetler Patent Watch CBT Flint Partners, LLC v. Return Path, Inc.

On December 13, 2013, in CBT Flint Partners, LLC v. Return Path, Inc., the U.S. Court of Appeals for the Federal Circuit (Dyk, O'Malley, Taranto*) reversed-in-part, vacated-in-part and remanded the district court judgment...more

Board Agrees that Petition Failed to Set Forth Relevant Claim Construction, But Finds Error Harmless

Challenging a patent previously challenged in another inter partes review (IPR2013-00092), Avaya convinced the Board that claims 6 and 9 of a Network-1 Security Solutions patent should be placed into a trial for inter partes...more

November 2013: Patent Litigation Update

Commil USA, LLC v. Cisco Systems (expanding evidence that may be used to negate an intent to induce infringement of a patent). The Federal Circuit recently expanded the scope of evidence that a defendant may introduce to...more

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Patentee Who Sued Manufacturer’s Customers: Cisco Systems, Inc. v. Alberta Telecommunications Research Center - In a non-precedential opinion addressing declaratory judgment...more

Is A Popularity Contest The Best Way To Pick An Advisor?

Koheleth wrote that “there is nothing new under the sun”, but there are a many ideas that are new to me. Such is the case with the shareholder proposal recently submitted by James McRitchie (Corpgov.net) to Cisco Systems,...more

Federal Circuit Opens Door to New Defense to Inducing Infringement

On June 25, 2013, the Federal Circuit issued a significant decision expanding the scope of evidence that alleged infringers may present to rebut allegations of inducement. Commil USA, LLC v. Cisco Sys., Inc., No. 2012-1042...more

Panel Calls For Litigation Reform To Address Patent Trolls

In a June 18, 2013, panel discussion titled “Trolls, Traders, and Wizards – Understanding the Market for Innovation,” the impact of the recently implemented America Invents Act (AIA), as well as the prospects for even more...more

The Federal Circuit Opens the Door to an Additional Defense to Inducement

It is well established law that liability for inducement requires the specific intent to induce another to infringe. It is also well established law that a defendant may rely on a good faith belief that the there is no...more

In re Wayport, Inc. Litig., Consol. C.A. No. 4167-VCL (Del. Ch. May 1, 2013) (Laster, V.C.)

In this opinion, the Court of Chancery, applying the “special facts doctrine,” rejected the plaintiffs’ claims for breach of the fiduciary duty of loyalty against the defendants arising out of sales of the plaintiffs’ stock...more

Recent Federal Court Rulings Reaffirm Broad Supersession of Common Law Claims under California's Uniform Trade Secrets Act

Last month, two federal district courts reaffirmed that litigants may not plead around California's Uniform Trade Secrets Act (UTSA) by alleging common law tort claims said to protect business information that does not...more

Impact of Chinese Telecommunications Companies on U.S. Supply Chains

On October 8th, the U.S. House of Representative’s Intelligence Committee issued an investigative report (the “Report”) on issues related to the operations of Huawei Technologies Company Ltd. and ZTE Corporation. The Report...more

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