What to do When Your Business Has Been Sued
Connecticut Collections: How to get paid if you are owed money? Part 1: Pre and Post-Judgement Collection Specifics
One issue a patent owner faces when attempting to enforce its patent is the notice given to a potential infringer. By sending a demand letter to a potential infringer, a patentee runs the risk of creating a basis for a...more
If someone is hurting you or your business, one option is to send a cease-and-desist letter (also known as a “demand letter”). What is it, and what are the grounds for a cease and desist letter? This letter informs the...more
The U.S. Court of Appeals for the Federal Circuit on Monday issued a decision that clarifies its precedent on the exercise of personal jurisdiction in patent cases. In a precedential decision, the court held that there is no...more
Precedential Federal Circuit Opinions - NIAZI LICENSING CORPORATION v. ST. JUDE MEDICAL S.C., INC. [OPINION] (2021-1864, 4/11/22) (Taranto, Bryson, Stoll) - Stoll, J. Affirming sanctions that excluded portions of...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
A number of small providers are receiving patent demand letters with a settlement or licensing offer to avoid litigation. How should you respond? Should you respond? Many of these letters are a typical part of the playbook of...more
In John Bean, the patent owner’s only competitor, Morris & Associates, responded to a demand letter with evidence of invalidity. John Bean Technologies Corporation v. Morris & Assocs. Inc., Cases 2020-1090, 2020-1148, Slip...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
Welcome to Morrison & Foerster’s quarterly newsletter on dispute resolution. In this newsletter, we address recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may...more
If the patent demand letter situation escalates and you may be sued for infringement, you have options to consider. 1. Consider filing a lawsuit for declaratory judgment (DJ). In certain cases you may file a lawsuit...more
If you receive a patent demand letter, you can choose from many courses of action, but each has pros and cons. Today we will discuss some immediate considerations to consider....more
While not as prevalent as it may have been in the go-go days of the early 2000s, in certain industries in the United States, it is only a matter of time before a company will receive a patent demand or cease and desist...more
In a recently published decision (Fluid Energy Group Ltd v Exaltexx Inc, 2020 FC 81), the Federal Court granted a pre-trial injunction sought by the Defendant, Exaltexx Inc. (Exaltexx), enjoining the Plaintiff, Fluid Energy...more
On Wednesday, January 16, 2019, Massachusetts State Senator Eric Lesser introduced Bill S.D. 1007 (S.D. 1007) which provides for legal actions and recovery from entities that allege infringement in bad faith against...more
Clarifying ten-year-old precedent on personal jurisdiction in patent declaratory judgment actions, the Federal Circuit recently held in Jack Henry & Associates, Inc. v. Plano Encryption Technologies that sending a patent...more
KANSAS CITY, Mo. On Dec. 7, 2018, the Federal Circuit issued a decision in Jack Henry & Associates, Inc. v. Plano Encryption Technologies, case number 16-2700, holding that non-practicing entities (companies whose only...more
Three years ago, the Federal Trade Commission announced a study of “patent assertion entities” (“PAEs”): “businesses that acquire patents from third parties and seek to generate revenue by asserting them against alleged...more
It started with Vermont in 2013. Since then, over half the states have enacted legislation aimed at curbing patent infringement suits from non-practicing entities. Now, the band may add another member: Massachusetts....more
Addressing jurisdictional issues, the U.S. Court of Appeals for the Federal Circuit relied on post-AIA 35 U.S.C. § 1295(a)(1) to exercise, for the first time, jurisdiction over an appeal in which only a counterclaim arose...more
Recently the House Judiciary Committee voted 24-8 to approve a revised version of the Innovation Act. As we previously discussed, the Innovation Act was re-introduced in the House earlier this year in the same form approved...more
Oregon introduces bill to make improper patent license demands a violation of its unlawful trade practices law - In February 2014, Senate Bill 1540 was filed, which would make patent trolling a violation of the...more