News & Analysis as of

Jurisdiction Patent Infringement

Hogan Lovells

CJEU: Cross-border relief based on Third State patents?

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On 5 September 2024, Attorney General (AG) Emiliou delivered a new Opinion in the BSH Hausgeräte/Electrolux case (C‑339/22) acting as an ‘addendum’ to his first Opinion in this case delivered on 22 February 2024. After the AG...more

Akin Gump Strauss Hauer & Feld LLP

Delay in Correcting Disclosure of Real Parties-in-Interest not Procedurally Fatal to IPR Petition

The Patent Trial and Appeal Board instituted an inter partes review over patent owner’s objections that the petition did not timely identify all real parties-in-interest (RPI) and was filed by a phantom legal entity after...more

AEON Law

Patent Poetry: Federal Circuit Invalidates Remote Gambling Patents

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The Federal Circuit has affirmed a federal district court’s dismissal of patent infringement suits involving patents for remote gambling, because it found the subject matter not eligible for a patent....more

McDermott Will & Emery

Getting to the Core of It: Assignment Clause Is Ambiguous

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The US Court of Appeals for the Federal Circuit vacated and remanded a district court’s grant of summary judgment, finding that the language used in an invention assignment clause was subject to more than one reasonable...more

WilmerHale

Federal Circuit Patent Watch: Printed Matter Doctrine Applies to Communicative Content, Not All Communications

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Precedential and Key Federal Circuit Opinions - 1.  IOENGINE, LLC V. VIDAL (21-1227 Lourie, Chen, Stoll) - Chen, J.  The Court reversed in part and affirmed in part the Final Written Decisions of the Patent Trial and...more

Array

eDiscovery and ANDA Litigation: Unique Timelines, Processes, and Workflows

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ANDA litigation is a high-stakes niche of pharmaceutical law that presents unique challenges not only for lawyers, but also for eDiscovery practitioners. Here’s why: under the Drug Price Competition and Patent Term...more

Jones Day

Unified Patent Court Publishes Its First Case Load Statistics

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The UPC, a single patent court for European Union Member States, has published the first statistics on its case load since its establishment in 2023. Between June 1, 2023, and January 31, 2024, a total of 196 cases were filed...more

Linda Liu & Partners

Judicial Remedy of Administrative Decision on Disputes over Patent Infringement | Administrative Lawsuit on Infringement on...

Linda Liu & Partners on

Judgment Gist - Customary design is a prior design that is well known by the general consumers and can be recalled by the general consumers upon merely mentioning of the product name. When mentioning beauty roller...more

Foley & Lardner LLP

Private Space Activity and the Advantages of U.S. Patents for Protecting Space Inventions

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In 2025, the National Aeronautics and Space Administration (NASA) is scheduled to once again bring man and machine to the lunar surface, this time under the name of the Greek goddess Artemis. However, the means to the ends...more

Troutman Pepper

Building on Successful Judicial Assignment Reform in Texas

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More than 16 months ago, the two ranking members of the Senate Judiciary Committee asked Chief Justice John Roberts to direct the Judicial Conference of the United States to study forum shopping in patent litigation,...more

Troutman Pepper

EDVA Reaffirms its Aversion to Litigation Between Out of State Companies in Recent Venue Decision

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From the mid-1990s until the mid-2010s, the EDVA typically ranked among the top 10 federal districts for patent litigation. See Gugliuzza, Paul R. and Anderson, Jonas, Why Do Judges Compete for (Patent) Cases? at 24-25...more

McDermott Will & Emery

Countdown to the Unified Patent Court

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A Leap Into the Unknown? UPC actions will be heard by a multinational panel of judges in a local, regional or central division. The panels will include two judges drawn from respective local courts and, in some cases, a...more

Fish & Richardson

Minimizing Patent TRO and PI Risk in Europe

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Do you fear the possibility of a temporary restraining order or a preliminary injunction involving patent infringement allegations in Europe? Those provisional measures are more common in Europe than in the United States....more

McDermott Will & Emery

Are You Ready for the UPC? Act Now to Prepare for Its Opening on June 1

On February 17, 2023, Germany ratified the Agreement on the Unified Patent Court (UPC) and triggered the UPC’s entry into force on June 1, 2023. The UPC will revolutionize patent enforcement across Europe and impact companies...more

Morrison & Foerster LLP

The Unitary Patent Court: Opting European Patents Out

1. Introduction The Unified Patent Court (UPC) is a new patent court that will be fully in force starting June 2023 and, along with the Unitary Patent system, represents the biggest change in European patent practice in...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Fish & Richardson

ITC Monthly Wrap-Up: June 2022

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This month, there were two new complaints filed at the ITC, including complaints filed by Velodyne Lidar USA, Inc. (Certain Rotating 3-D LiDAR Devices, Components Thereof, and Sensing Systems Containing the Same, Inv. No....more

Fish & Richardson

Minnesota Patent Litigation Wrap-Up - Q1 2022

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This post continues our summary of substantive orders in patent litigation in the District of Minnesota. This summary includes discovery relevant to willfulness findings, stays under the customer suit exception, and...more

Goodwin

Federal Circuit Clarifies Standard for Fair and Reasonable Exercise of Jurisdiction Based on Demand Letters

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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

Hogan Lovells

Dutch Court of Appeal grants cross-border patent infringement injunction in the absence of a Dutch patent

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On 1 March 2022, the Court of Appeal of the Hague confirmed that a Dutch warehousing and distribution entity of a Chinese company infringed a patent relating to solar technology. The Court of Appeal grants a cross-border...more

WilmerHale

Federal Circuit Patent Watch - January 2022

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Precedential Federal Circuit Opinions - NOVARTIS PHARMACEUTICALS CORPORATION v. HEC PHARM CO., LTD. [OPINION] (2021-1070, January 3, 2021) (MOORE, LINN and O’MALLEY) - O’Malley, J. Affirming district court decision...more

Porter Hedges LLP

How the Shift to a Permanent Remote Workforce Can Impact Venue for Patent Infringement Lawsuits

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The COVID-19 pandemic changed the way employers and employees viewed remote work. What was once a rare perk enjoyed by few became an everyday necessity almost overnight. In 2020, most people engaged in some type of work from...more

Knobbe Martens

No Standing in IPR Appeal for Sublicensee’s Speculative Royalty-Based Injuries

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MODERNATX, INC. v. ARBUTUS BIOPHARMA CORPORATION - Before Lourie, O’Malley, and Stoll.  Appeal from the Patent Trial and Appeal Board. Summary: Sublicensee’s theory of royalty-based injury was too speculative to...more

Knobbe Martens

Federal Circuit Review - August 2021

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It’s No Secret That a Related Company’s Physical Presence in a Jurisdiction May Not Be Enough For Proper Venue - In Andra Group, LP v. Victoria’s Secret Stores, LLC, Appeal No. 20-2009, The Federal Circuit held that an...more

WilmerHale

CAFC Patent Cases - August 2021

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Precedential Federal Circuit Opinions - QUALCOMM INCORPORATED v. INTEL CORPORATION [OPINION] (2020-1589, 2020-1590, 2020-1591, 2020-1592, 2020-1593, 2020-1594, 7/27/21) (Moore, Reyna, Stoll) - Moore, J. Vacating final...more

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