News & Analysis as of

Court of Federal Claims Patents

Venable LLP

Recent Federal Circuit Decision Clarifies Blue & Gold Waiver Rule

Venable LLP on

Protesters and other litigants before the U.S. Court of Federal Claims have long encountered the complexities of jurisdiction under the Tucker Act. The Tucker Act, 28 U.S.C. § 1491, is the statute granting jurisdiction to the...more

Williams Mullen

Licensing Your Patents? Make Sure the Federal Government Pays Its Fair Share.

Williams Mullen on

Technology companies frequently enter into patent licensing transactions, sometimes in order to settle patent litigation, and sometimes as a simple licensing or cross-licensing deal. But the parties to such agreements...more

Morrison & Foerster LLP - Federal Circuitry

October Oral Argument Recap

Before October is out the door, we wanted to take a moment to review the Federal Circuit’s sitting earlier this month. Looking at statistics from the October sitting, the same two things we noticed last month stood out to...more

Knobbe Martens

Canceled Patent Claims Do Not Entitle Former Patent Owner to a Refund

Knobbe Martens on

CHRISTY, INC. v. UNITED STATES - Before LOURIE, REYNA, and HUGHES. Appeal from the Court of Federal Claims. Summary: The government’s refusal to refund patent issue and maintenance fees after patent claims are canceled...more

Knobbe Martens

$5 Million Attorneys’ Fee Award Affirmed Because Government’s Litigation Position Not Substantially Justified

Knobbe Martens on

HITKANSUT LLC V. UNITED STATES - Before Prost, Clevenger, and Moore. Appeal from the Court of Federal Claims. Summary: Fee-shifting under 28 U.S.C. § 1498(a), turns on whether “the position of the United States was...more

Miller Canfield

COVID-19: "Good Samaritan" Patent Infringement Liability

Miller Canfield on

The COVID-19 pandemic has led many companies to marshal their resources to produce products such as coronavirus test kits, pharmaceutical treatments, vaccines, ventilators, and personal protective equipment. The urgent need...more

Holland & Knight LLP

Patents Directed to a Method for Ranking Online Merchants Withstands Early Section 101 Challenge by the Government

Holland & Knight LLP on

The plaintiff in Wanker v. United States accuses the government of infringing four patents, all of which relate generally to a method for comparing products and services through the use of various weighting factors to assign...more

Jackson Walker

Are Patents Property?

Jackson Walker on

Most people think of “intellectual property” as a type of property. This makes sense because, well, “property” is in the name. However, as lawyers know all too well, the law is never that simple. As it turns out, at least one...more

Foley & Lardner LLP

CAFC Upholds Preliminary Injunction Despite Unpatentability Ruling of PTAB

Foley & Lardner LLP on

This week in Tinnus Enterprises LLC v. Telebrands Corp. (Moore, Wallach and Stoll), the Federal Circuit upheld the grant of a preliminary injunction by the Eastern District of Texas, despite a PTAB Final Written Decision...more

Sheppard Mullin Richter & Hampton LLP

Those NDAs May Not Be Worth the Paper They Are Written On

It is a given that companies strive to protect their intellectual property. Over the years, as an instrument of that protection, companies have made increasing use of non-disclosure agreements to advance that objective. A...more

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