Direct Infringement

News & Analysis as of

It Ends Not with a Bang but a Whimper - Commil USA, LLC v. Cisco Systems, Inc.

The patent case between Commil and Cisco, a case that made new law at the Supreme Court on the issue of the intent requirement in cases of induced infringement allegations, came to an end with a whimper on remand back to the...more

Plaintiff Secures Sweeping Jury Verdict in Hotly-Contested Patent Fight

In a long-running patent fight involving two medical device manufacturers, a Massachusetts jury determined last week that the defendant Kaz had infringed two of plaintiff Exergen’s patents relating to temporal thermometers,...more

Northern District of California Moves Quickly in Response to Rules Change to Apply Full Weight of Twombly and Iqbal to Patent...

Last month, the U.S. District Court in the Northern District of California ruled that the Federal Circuit’s somewhat bare pleading standard for direct patent infringement is no longer sufficient following recent amendments to...more

Changes to Federal Rules to affect patent infringement pleadings

Patent owners and businesses should be prepared for yet another change to patent infringement litigation. In April 2015, the U.S. Supreme Court adopted Congress’s amendments to the Federal Rules of Civil Procedure, which went...more

Limestone v. Apple: Apple Successfully Moves to Dismiss Willful Infringement Claims

Limestone filed a patent infringement action against Apple, alleging direct and willful infringement of four patents. For each of the four claims of patent infringement against Apple, Limestone alleged, "[u]pon information...more

CLIENT ALERT: Federal Rules of Civil Procedure Amendments to Take Effect December 1, 2015

On December 1, 2015, amendments to Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55 and 84 of the Federal Rules of Civil Procedure will become effective. These amendments were originally approved by the Judicial Conference in...more

Wrong Defendant, Wrong Court: Plaintiff Wrongly Targets Government Contractors Instead of U.S. Government - Astornet Technologies...

In a case addressing whether a patent holder can sue government contractors in district court, the U.S. Court of Appeals for the Federal Circuit upheld the dismissal of Astornet’s claims against three government contractors...more

Pleading Patent Infringement Without Form 18

On December 1, 2015, changes recommended by the Judicial Conference Advisory Committee on the Federal Rules of Civil Procedure and adopted by the Supreme Court will take effect. Among these changes is elimination of the...more

Supreme Court Adopts Amendments to Federal Rules That May Deter Patent Infringement Lawsuits, Especially Those Filed by...

In April 2015, the United States Supreme Court adopted Congress’s amendments to the Federal Rules of Civil Procedure, in part abolishing Rule 84 and along with it Form 18, which allows plaintiffs to file bare-bones patent...more

October 2015: ITC Update

Suprema: Restoring the Reach of Section 337. On August 10, 2015, the Federal Circuit resolved the largest challenge to the International Trade Commission’s (“ITC”) jurisdictional reach in recent years: whether 19 U.S.C. §...more

The En Banc Federal Circuit in Akamai v. Limelight Broadens the Scope of Direct Infringement under Section 271(a)

Recently, the Federal Circuit, for a second time this year, evaluated infringement of a method claim. The Court, vacating the recent panel decision in May, outlined the governing framework for direct infringement of a method...more

Magistrate Recommends Not Dismissing Induced Infringement Claims, But It’s A Close Call

Elm 3DS Innovations, LLC v. SK Hynix Inc., et al., C.A. No. 14-1432 – LPS- CJB, October 16 , 2015. Burke, M. J. Report and Recommendation recommending that the court deny defendant’s motion to dismiss pre-suit induced...more

Patent Owner’s Licensing Program Was Fatal to Its Patent Infringement Theory - JVC Kenwood Corporation v. Nero, Inc.

Addressing whether an accused defendant infringed patents through the distribution of its software, the U.S. Court of Appeals for the Federal Circuit upheld the district court’s summary judgment that the defendant did not...more

Divided Infringement Between Doctor and Patient

Recent jurisprudence on the issue of divided infringement has arisen in the context of computer-related technologies, where a user or customer performs one or more steps of a patented method. Now the issue has arisen in the...more

Federal Circuit Review | September 2015

Federal Circuit Remands Record Damages Award For New Trial On Extraterritorial Sales - In Carnegie Mellon University v. Marvell Technology Group, Ltd., Appeal No. 2014-1492, the Federal Circuit reversed a damages award...more

U.S. Government Patent Infringement Precludes Induced Infringement

In Astornet Technologies, Inc. v. BAE Systems, Inc., the Federal Circuit affirmed the district court’s dismissed of actions for induced infringement where the alleged direct infringer was the U.S. government. In particular,...more

BioPharma Patents: Quick Tips & News - September 2015

For our BioPharma audience, you might be interested in Harness Dickey’s Quarterly BioPharma Newsletter, which reports on the impact of the Akamai v. Limelight, Suprema v. ITC, and Amgen v. Sandoz cases on the BioPharma...more

Akamai Technologies, Inc. V. Limelight Networks, Inc.: Federal Circuit Brings Defines Liability For “Joint Enterprises”

In Akamai v. Limelight, Inc., Case Nos. 2009-1372, -1380, -1416, -1417, (Fed. Cir. Aug. 13, 2015) (en banc), the Federal Circuit updated and clarified the standards for determining if direct infringement has occurred in cases...more

Federal Circuit Patent Updates - August 2015

The Dow Chemical Company v. Nova Chemicals Corporation (No. 2014-1431, -1462, 8/28/15) (Prost, Dyk, Wallach). Dyk, J. Reversing award of supplemental damages. "We hold that the intervening change in the law of...more

Direct Infringement Motion to Dismiss Under Form 18 Granted - Addiction and Detoxification Institute LLC v. Carpenter et al.

Addressing pleading requirements for direct and indirect infringement, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s determination that although pre-filing notice is not required to bring suit...more

IP Newsflash - August 2015 #4

SUPREME COURT CASES - The Supreme Court Upholds Prohibition on Charging Royalties After Patent Expiration - In Kimble v. Marvel Entertainment LLC, 576 U.S. ---- (2015), the Supreme Court declined to overrule its...more

Fed. Cir. Rules Requirements for Direct Infringement by Multiple Parties

In Akami Technologies v. Limelight Networks, App. No. 2009-1372, -1380, -1416, -1417 (Fed. Cir., August 13, 2015), the court, sitting en banc after a remand from the S. Ct., set out the requirements for direct infringement...more

Protecting Diagnostic Innovation – Two Actor Infringement Liability

In Akamai Techs. Inc. v. Limelight Networks, Inc., (August 13, 2015 Fed. Cir.) an en banc Federal Circuit unanimously held that direct infringement under Section 271(a) can occur...more

Federal Circuit's en banc decision in Akamai v. Limelight results in expansion of divided infringement

The US Court of Appeals for the Federal Circuit, sitting en banc, has expanded the scope of divided infringement (sometimes called joint or split infringement), a form of direct infringement in which the steps of a method...more

Federal Circuit Expands Direct Divided Infringement

In an en banc, per curiam decision in Akamai Technologies, Inc. v. Limelight Networks, Inc., on remand from the Supreme Court, the Federal Circuit broadened the circumstances under which a party can be liable for direct...more

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