A question that arises with some frequency in modern patent infringement cases is: Can pre-suit damages be recovered for a time period when the patentee (and any licensee) was in compliance with the marking statute when there...more
Sportbrain Holdings LLC (“Sportbrain”) is a company that was previously engaged in the business of selling fitness trackers. Sportbrain recently sued eight smartwatch manufacturers for alleged infringement of its U.S. Patent...more
Addressing the issue of standing, the US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a patent case brought by an exclusive licensee, finding that the original assignee had not transferred...more
1. Defendant may not refer to plaintiff as a “patent troll” or reference “woodshedding.” It may however present evidence that plaintiff does not practice the patents-in-suit since that is relevant to damages....more
On January 10, 2013, the Federal Circuit reaffirmed broad ITC jurisdiction for non-practicing patent enforcement entities by denying Nokia Corp.’s petition for rehearing of InterDigital Commc’ns, LLC v. Int’l Trade Comm’n...more