News & Analysis as of

Recent Developments In Information Technology Law – First Quarter 2014

U.S. SUPREME COURT - Patents - As reported at 87 BNA’s PTCJ 332, on December 6, 2013, the Supreme Court grants a petition for writ of certiorari in a case challenging software method and system patent...more

Augusta-Based Eagle Parts Files Complaint Against Allshields, Inc. Alleging Infringment of "Windshield Fastening Device" Patent

On April 3, 2014, Eagle Parts & Products, Inc. of Augusta, Georgia (“Eagle”) filed a complaint against Allshields, Inc. of Raleigh, North Carolina (“Allshields”) alleging infringement of U.S. Patent No. 7,380,860 (“the ‘860...more

Generic’s Counterclaims for Non-Infringement are Proper Despite Covenant Not to Sue From Brand

On April 9, 2014, in Purdue Pharmaceutical Products, L.P. v. TWi Pharmaceuticals, Inc., Civ. No. 12-5311 (D.N.J.), Judge Jose L. Linares of the United States District Court for the District of New Jersey ruled that a generic...more

Implications of U.S. Sanctions Program on Intellectual Property Owners

To advance U.S. foreign policy and national security objectives, the U.S. maintains laws and regulations that impose economic sanctions against certain countries, individuals, and entities (the "U.S. Sanctions Program"). 31...more

The Federal Circuit Considers Petitions For Rehearing Suprema — Its Decision Defining The ITC’s Authority To Police Induced...

The International Trade Commission and Cross Match Technologies Inc. requested rehearing of the December panel decision of the U.S. Court of Appeals for the Federal Circuit in Suprema Inc. and Mentalix Inc. v. U.S....more

Looking Upstream: Weighing Proposed Changes To Customer Stays In Patent Litigation*

At a time when congressional partisanship is the norm, curbing lawsuits filed by nonpracticing entities (NPEs) may be one of the few issues uniting Washington. Over the past year, both Republicans and Democrats introduced...more

Dictionary Definition Dispositive in Claim Construction Dispute - Starhome GmbH v. AT&T Mobility LLC

Addressing the use of technical dictionaries in claim construction, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment of non-infringement, finding that the district court properly...more

Complaint Seeks To Fence Competitor Out Of Field

Barrette Outdoor Living, Inc. (“Barrette”), an Ohio corporation with a place of business in Jefferson, Georgia, brought a patent infringement action against Porcelen, Limited, Connecticut, LLC, for patent infringement of the...more

Federal Circuit Reverses District Court on Claim Construction in Patent Suit Involving Google's Street View

On March 14, 2014, the U.S. Court of Appeals for the Federal Circuit ruled in a patent appeal case involving Google's Street View technology on a topic in patent law that has received considerable attention recently—claim...more

Intellectual Property Infringement on the Internet: What Court to Call?

The internet does not know any national borders; website content can be viewed from anywhere in the world. This raises the question of what court has jurisdiction when the content of a website infringes on intellectual...more

Infringement Expert Excluded Where Expert Did Nothing More Than Parrot Claim Language in Infringement Analysis

Plantronics, Inc. ("Plantronics") filed a patent infringement action against ALIPH, Inc. ("ALIPH"). After expert reports were submitted, ALIPH moved to exclude the expert report of Plantronics' infringement expert. At...more

Summary Judgment Motion Denied Where Expert's Opinion Established a Triable Issue of Fact on Infringement

Geotag, Inc ("Geotag") filed a patent infringement action against Frontier Communications Corp. ("Frontier"). Frontier filed a motion for summary judgment of non-infringement, arguing that no triable issue of material fact...more

The GPMemorandum - Issue 177

In This Issue: - Washington Federal Court Denies Motion To Hold Defendants In Contempt Of Consent Judgment For Trademark Infringement: A federal judge in Seattle has denied a franchisor’s motion for a contempt...more

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

Federal Circuit Update: Suprema, Inc. v. ITC

In a recent and controversial decision, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) introduced a temporal requirement to the theory of induced infringement under the Tariff Act of 1934 (19 U.S.C. §...more

Supreme Court Rules That Patent Owner Always Bears the Burden of Proof on Patent Infringement

In a nine to zero decision authored by Justice Breyer, the United States Supreme Court reversed a decision of the Federal Circuit and held that when a licensee seeks a declaratory judgment against a patentee that the...more

An Accused Device Is “Modified” by the Installation of Software - Nazomi Commc’ns., Inc. v. Nokia Corp.

Revisiting the wording of claims that recite a combination of hardware and software, the U.S. Court of Appeals for the Federal Circuit upheld a holding of non-infringement. Nazomi Commc’ns., Inc. v. Nokia Corp., Case No....more

Supreme Court Rules Patentee Always Bears Burden of Proving Infringement

In its first intellectual property ruling of the current term, the Supreme Court unanimously held on January 22, 2014 in Medtronic, Inc. v. Mirowski Family Ventures LLC that a patentee always bears the burden of proving...more

U.S. Supreme Court Holds That Patentees Bear the Burden of Proof of Infringement in DJ Actions Brought by Licensee

A patentee bears the burden of proving infringement when a licensee seeks a declaratory judgment of non-infringement, the U.S. Supreme Court has held. The ruling reversed the Federal Circuit and clarified declaratory...more

Supreme Court Unanimously Holds Burden of Proving Infringement Does Not Shift to Licensees in Declaratory Judgment Actions

The Supreme Court's decision last week in Medtronic v. Mirowski Family Ventures, LLC clarifies once again that patent holders bear the burden of proving patent infringement—even in declaratory judgment actions brought by...more

Declaratory Judgment Claimants: Which Products Are You Saying Don’t Infringe?

Declaratory judgment plaintiffs and counterclaimants in patent cases have long been accustomed to filing boilerplate claims that either do not identify an accused technology, or that do so in a cursory manner. Noninfringement...more

Medtronic v. MFV — Supreme Court Unanimously Reverses Federal Circuit: Holding Patentees Always Bear the Burden of Proving...

Jan. 23, 2014 — On Wednesday, the Supreme Court unanimously reversed the Federal Circuit in Medtronic v. Mirowski Family Ventures (previously listed as Medtronic v. Boston Scientific), holding that the burden of proving...more

Supreme Court Finds Patent Owner Have Burden of Proving Infringement in a Declaratory Judgment Case

The Supreme Court has unanimously ruled that a patent owner always has the burden of proving infringement, even if the case is brought by a licensee asking for a declaration that the licensed patents were not invalid. ...more

Orange Book Listing On Its Own Does Not Create A Barrier to Entry

In the Northern District of Illinois, Judge Sharon Coleman recently dismissed for lack of subject matter jurisdiction Apotex’s declaratory judgment action alleging invalidity or non-infringement of U.S. Patent 6,878,703...more

Carnegie Mellon v. Marvell: District Court Denies Marvell's Equitable Defenses Finding That Marvell Has Not Acted Equitably Toward...

In this patent infringement case brought by Carnegie Mellon University ("CMU"), against Marvell Technology Group, Ltd. and Marvell Semiconductor, Inc. (collectively "Marvell"), CMU alleged that Marvell has infringed two of...more

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