Emerging Strategies for Protecting Global IP Rights
This month we highlight a district court opinion from Judge Dyk, sitting by designation, denying a preliminary injunction in a brand-vs-brand litigation, and a lengthy district court opinion from Judge Bryson, sitting by...more
On May 24, 2018, the District of Massachusetts overhauled the Court’s local patent rules in an effort to promote consistency across patent cases and to streamline patent litigation in the District. Local Rule 16.6, entitled...more
In Travel Sentry, Inc. v. Tropp, Appeal No. 16-2386 (Fed. Cir. Dec. 19, 2017), the Federal Circuit clarified the scope of joint infringement under 35 U.S.C. § 271(a). Specifically, the court provided guidance on performing...more
Addressing the pleading standard under which a joint patent infringement claim must be reviewed, the US Court of Appeals for the Federal Circuit affirmed the dismissal of a complaint of patent infringement, finding that the...more
The Federal Circuit addressed the sufficiency of pleading infringement for the first time after the abrogation of Form 18 last year, in the decision Lyda v. CBS Corp., No. 2015-1923 (Fed. Cir. Sept. 30, 2016). The Court...more
Plaintiffs bringing patent infringement complaints under the Iqbal/Twombly pleading standard should take notice. On September 30, 2016, a panel of the Federal Circuit affirmed a district court’s dismissal of a deficient...more
On Monday the Supreme Court denied certiorari in Limelight Networks Inc. v. Akamai Technologies Inc. et al, Case No. 15-993. Limelight had petitioned the Court in January, urging for review of the Federal Circuit’s en banc...more
Judge MaryJoan McNamara Appointed New Administrative Law Judge at U.S. International Trade Commission – On August 17, 2015, the ITC issued a news release announcing that Judge MaryJoan McNamara has been appointed as an ALJ....more
Today, the Federal Circuit sitting en banc changed direction again on § 271(a) direct infringement and ruled that Limelight was liable for direct infringement based on substantial evidence supporting the jury verdict of...more
The Federal Circuit handed down a unanimous en banc decision today regarding the interplay between literal infringement and induced infringement in Akamai Technologies Inc. v. Limelight Networks, Inc. On remand from a...more
Federal Circuit Reverses Commission Determination Of Domestic Industry Economic Prong – On May 11, 2015, the Federal Circuit issued an Opinion in Lelo Inc. v. Int’l Trade Comm’n, 2013-1582 (Fed. Cir. 2015), reversing the...more
Thynge, C.M. J. . Report and recommendation that defendants’ motion to dismiss for failure to state a claim of joint infringement be granted. The disputed technology relates to multicasting method and apparatus and...more
It has been about a year since the Supreme Court rendered its decision in Limelight v. Akamai regarding induced infringement for methods performed by two or more actors. “At that time, commentators predicted that attention...more
FEDERAL CIRCUIT CASES - Federal Circuit Reverses Summary Judgment of Noninfringement Under § 271(e)(1) for Consideration of Certain Post-FDA-Submission Activities, But Expresses Skepticism About Infringement - ...more
Fifth Annual "Live at the ITC" – On July 30, 2014, the Fifth Annual Forum on Section 337 and Other Developments at the U.S. International Trade Commission, entitled Live at the ITC, was co-sponsored by the ABA-IPL...more
*News from the Bench: - First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad. - Dissenting Federal Circuit Judges Abide By The Akamai Standard. - More On Joint Infringement and The Akamai...more