Uncovering Juror Bias, Counteracting Nuclear Verdicts, & the Future of Massive Damages – IMS Insights Podcast Episode 47
Integrated Case Themes & Nuclear Verdict Causes – IMS Insights Podcast Episode 46
Law Brief®: Rich Schoenstein and Marie Pereira Discuss High-Profile Verdicts
Law Brief®: Rich Schoenstein Discusses Depp v. Heard Verdict
Lead Exposure Claims: Proactive Strategies for Effective Resolution
Law Brief®: Michael Grudberg, Robert Heim and Richard Schoenstein Discuss the Theranos Verdict
Leading in a Lonely World Podcast: Meet Dr. Jill Huntley Taylor
#WorkforceWednesday: Judge Barrett’s Employment Law Record, Arbitrator to Rule on Postmates’ Challenge, Responding to Frivolous Lawsuits - Employment Law This Week®
Verdict in T-Cell Immunotherapy IP Case Tests 'Reasonable Royalty' Concept for Large Damage Awards
Butler's Thursday Tips #5 | What is Appellate Law?
Episode 116 -- Alstom Executive Convicted of FCPA and Money Laundering Offenses
Jones Day Talks Intellectual Property: Blurrier Lines and Narrow Grounds—Implications of the Ninth Circuit’s Blurred Lines Decision
The Evolution of Trade Secret Damages
Federal Criminal Defense Attorney - Overturning A Guilty Verdict in a Federal Criminal Appeal
Parkervision, Inc. v. Qualcomm Inc., Appeal Nos. 2022-1755, 2024-2221 (Fed. Cir. Sept. 6, 2024) In this week’s Case of the Week, the Federal Circuit weighed in again on a 13-year-old patent dispute concerning Qualcomm’s...more
The District of Delaware granted-in-part Shopify’s motion for judgment as a matter of law, or alternatively a new trial, citing gaps in the evidentiary record resulting in an insufficient basis for the jury verdict of...more
Freshub, Inc. v. Amazon.com, Inc., Appeal Nos. 2022-1391, -1425 (Fed. Cir. Feb. 26, 2024) In the Court’s only precedential patent opinion this week, the Court affirmed a jury finding that use of Amazon’s “Alexa” products...more
In VLSI Technology LLC v. Intel Corporation, No. 22-1906 (Fed. Cir. 2023), VLSI sued Intel for infringement of U.S. Patent Nos. 7,523,373 (the “’373 patent”) and U.S. Patent No. 7,725,759 (the “’759 patent”). After a jury...more
A federal court jury in Delaware has awarded $15.1 million in damages to a company that claimed Google infringed two of its audio programming patents. The patents at issue are US Patent Nos. 6,199,076 and 7,509,178. The...more
Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more
Patent practitioners are familiar with Inter Partes Review (IPR), a common adversarial proceeding between a patent owner and a third party concerning patentability of an issued United States Patent conducted by the Patent...more
Case Name: GlaxoSmithKline LLC v. Teva Pharms. USA, Inc., 25 F.4th 949 (Fed. Cir. 2022) (Circuit Judges Moore, Newman, Dyk, Prost, O’Malley, Reyna, Taranto, Chen, Hughes, and Stoll presiding; Moore, Newman, O’Malley, Taranto,...more
Precedential Federal Circuit Opinions - ROCHE DIAGNOSTICS CORPORATION v. MESO SCALE DIAGNOSTICS, LLC [OPINION] (2021-1609, 2021-1633, April 8, 2022) (NEWMAN, PROST, and TARANTO) - Prost, J. Affirming in part and...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s determination of proper venue, finding that the patent venue statute, 28 U.S.C. § 1400(b), does not apply to a third-party counterclaim defendant and...more
Last week’s big news was of course the official swearing in of Judge Stark. But there were plenty of other things happening at the Court. Below we provide our usual weekly statistics and a detailed discussion of our case of...more
In a recent opinion, the United States District Court for the District of New Jersey considered whether to grant a joint request by settling parties to vacate the Court’s Judgment stemming from a jury trial and verdict in...more
In a redux visit, the US Court of Appeals for the Federal Circuit found that the record compelled reversal of a district court’s refusal to reinstate a jury’s willful infringement verdict and enhanced damages award but...more
Most judicial outcomes, particularly on appeal, are broadly based on varying combinations of process and outcome. The law is replete with process-based decisions (standing, jurisdiction, waiver, to name a few) and of course...more
In January 2020, we wrote a Law360 guest article that highlighted some of the risks that followed Wells Fargo Bank NA's strategy in its patent dispute with the United Services Automobile Association over remote deposit check...more
Precedential Federal Circuit Opinions - VIDSTREAM LLC v. TWITTER, INC. [OPINION] (2019-1734, 2019-1735, 11/25/2020) (Newman, O'Malley, Taranto) - Newman, J. Affirming the decisions of the Patent Trial and Appeal Board...more
Addressing the issue of whether a generic pharmaceutical company can be found to induce infringement even when all patented uses have been “carved out” of the label (resulting in a so-called “skinny label”), the US Court of...more
Precedential Federal Circuit Opinions - ANTENNASYS, INC. v. AQYR TECHNOLOGIES, INC. [OPINION] (O’Malley, Bryson, Reyna) - O’Malley, J. Remanding to district court to address threshold issues of whether case should be...more
On July 30, 2020, the U.S. District Court for the District of Delaware, in APS Technology, Inc. v. Vertex Downhole, Inc. et al, No. 19-cv-01166, denied Vertex Downhole’s Rule 12(b)(6) motion to dismiss APS’s patent...more
Recently, in Packet Intelligence LLC v. NetScout Sys., Inc., No 19-2041 (July 14, 2020), the Court of Appeals for the Federal Circuit reversed a jury verdict of $3.5 million in pre-suit damages and vacated the trial court’s...more
One of the most interesting and promising areas of medical research today involves the use of T-Cell therapies, which offer hope and promise as a new approach to cancer treatment. It has also made for a robust climate for...more
The Federal Circuit has declined to reconsider its December 2019 affirmance of the district court ruling in the Amgen v. Hospira (epoetin alfa) dispute. As we have previously reported, that ruling upheld a jury verdict...more
Judge Gilstrap in the Eastern District of Texas has denied defendants’ motion to stay the post-trial phase of a patent infringement litigation pending ex parte reexamination where the request for reexamination was filed four...more
Addressing a jury verdict of invalidity, the US Court of Appeals for the Federal Circuit found that the district court abused its discretion in allowing trial testimony regarding obviousness from a lay witness, and remanded...more
In Personal Audio, the Federal Circuit upheld a district court judgment dismissal of a jury verdict for patent owner throwing out a $1.3 million judgement because the patent was later invalidated at the PTAB. Patent owner...more