News & Analysis as of

Indemnification Patents

Akin Gump Strauss Hauer & Feld LLP

Patent Infringement Suit Against Indemnitee Forecloses IPR Petition by Indemnitor

The Patent Trial and Appeal Board denied institution of a petition for inter partes review under 35 U.S.C. § 315(b) because the petition was filed more than one year after patent owner had served a complaint for patent...more

Smart & Biggar

Canadian courts show trend of awarding higher costs in IP litigation

Smart & Biggar on

Every IP litigant has the same questions on their mind: “If I win, how much of my legal costs can I recover? And if I lose, how much will I have to pay?” These are important questions, and the answers now may be different...more

McDermott Will & Emery

Defense Counsel Narrowly Avoids Sanctions for Re-Litigating Decided Issues

The US Court of Appeals for the First Circuit “reluctantly” declined to impose sanctions in a “very close case” against defense counsel in a six-year litigation involving indemnification for patent infringement claims....more

Mintz - Intellectual Property Viewpoints

Sued Customers Insufficient to Prove a Supplier’s Actual Case or Controversy Against Patentee

In an interesting order issued recently in BroadSign International, LLC v. T-Rex Property AB, Judge Swain of the Federal District Court for the Southern District of New York dismissed the Plaintiff’s declaratory judgment of...more

Kilpatrick

5 Key Takeaways: IP Aspects of a Product to Market Timeline: A Comprehensive Look at Protecting the IP of a New Product

Kilpatrick on

Kilpatrick Townsend partner Karam Saab recently presented to the Association of Corporate Counsel Denver Chapter on “IP Aspects of a Product to Market Timeline: A Comprehensive Look at Protecting the IP of a New Product.” ...more

Morris James LLP

Declaratory Judgment Action Is Dismissed For Lack Of Subject Matter Jurisdiction

Morris James LLP on

Robinson, J. Defendant’s motion to dismiss for lack of subject matter jurisdiction is granted. This is a declaratory judgment action. Defendant has asserted infringement against various customers of plaintiff on their...more

Cooley LLP

Blog: Four Steps to Minimize the Impact of Your Competitors’ Patents

Cooley LLP on

The success of your new venture depends on avoiding costly and time consuming patent litigation. Mature companies often engage patent counsel to provide “freedom to operate” opinions with respect to specific products or...more

McDermott Will & Emery

The Duty to Indemnify Does Not Create Privity

McDermott Will & Emery on

Apple Inc. v. Achates Reference Publishing, Inc. - In the final written decisions of two related inter partes reviews (IPRs) concerning patents in the same family, the U.S. Patent and Trademark Office’s Patent Trial...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - June 2014 #2

FEDERAL CIRCUIT CASES - FRCP 19(a) Cannot Be Used to Involuntarily Join an Unwilling Patent Co-Owner to Infringement Litigation: On June 6, 2014, the Federal Circuit affirmed a decision by the District of New...more

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