Patent Infringement

News & Analysis as of

Patent Owner’s Licensing Program Was Fatal to Its Patent Infringement Theory - JVC Kenwood Corporation v. Nero, Inc.

Addressing whether an accused defendant infringed patents through the distribution of its software, the U.S. Court of Appeals for the Federal Circuit upheld the district court’s summary judgment that the defendant did not...more

A Win for Kyle Bass’s Hedge Fund as the PTAB Dismisses Celgene’s Sanctions Motions

The Patent Trial and Appeals Board (PTAB) dismissed Celgene Corporation’s (“Celgene”) motions for sanctions against the Coalition for Affordable Drugs (“the Coalition”). As we previously reported, the Coalition is an...more

Turf Wars: District Court Permits Expert to Use Replicas of Athletic Fields in Front of Jury

The plaintiffs, Fieldturf USA and Tarkett Inc. (collectively, "Fieldturf") filed a patent infringement action against Astroturf LLC ("Astroturf"). In defense, Astroturf intended to present expert testimony on anticipation...more

Standing Requires the Transfer of All Substantial Rights, Regardless of Whether a Patent Is Expired - Keranos, LLC v. Silicon...

Addressing whether an exclusive licensee of an expired patent had standing to sue for patent infringement, the U.S. Court of Appeals for the Federal Circuit confirmed that a licensee has standing when it holds all substantial...more

Update on Personal Jurisdiction for BPCIA Litigants after the Supreme Court’s decision in Daimler

Under 35 U.S.C. § 271(e), filing an Abbreviated Biologics License Application (aBLA)—like filing an Abbreviated New Drug Application (ANDA)— can be an act of patent infringement resulting in ‘artificial’ injury to a patentee....more

28 U.S.C. § 1782: A Powerful Tool in Global Disputes

As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based entities for use in those foreign proceedings. Specifically, §...more

September 2015: Appellate Update

Postscript to the U.S. Supreme Court’s October 2014 Term. The Supreme Court of the United States completed its October 2014 term in June, having decided a number of matters of wide public interest. Among the most notable was...more

Post-Grant Challenges in Life Sciences: A Midyear Assessment

The America Invents Act established inter partes review and post-grant reviews mechanisms to challenge the validity of issued United States patents. These procedures were created to improve patent quality, and were introduced...more

Court Report - October 2015

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. United Therapeutics Corp. v. Watson Laboratories, Inc. 3:15-cv-05723; filed July 22, 2015 in the District Court of New...more

PTAB Findings Get Lots of Deference - Trs. of Columbia University v. Illumina, Inc.

In a non-precedential opinion, the U.S. Court of Appeals for the Federal Circuit heavily deferred to the factual findings of the Patent Trial and Appeal Board (PTAB or Board) in affirming the PTAB’s decision of invalidity in...more

Second Circuit Affirms District Court Decision To Compel Arbitration In Patent Infringement Battle Between LG And WI-LAN

A Second Circuit 3-judge panel affirmed a district court decision denying a request for declaratory and injunctive relief while subsequently compelling arbitration in a licensing infringement suit. On appeal, LG Electronics,...more

Apple v. Samsung Part IV: The Injunction May Not Be Dead

On Thursday, September 17, 2015, in the fourth Federal Circuit opinion arising out of the patent skirmishes between global high technology titans Apple and Samsung Electronics, a sharply divided Federal Circuit panel vacated...more

ITC Section 337 Update – October 2015

ITC Proposes Extensive Changes To Rules For Adjudicating Section 337 Investigations – On September 24, 2015, the Commission published a Notice of Proposed Rulemaking in the Federal Register announcing proposed changes to its...more

Claims Not Limited to Preferred Embodiment - Inline Plastics Corp. v. Easypak, LLC

In correcting the district court’s claim construction, the U.S. Court of Appeals for the Federal Circuit vacated the district court’s judgment of non-infringement and remanded, finding that the claims were improperly limited...more

Claims Obvious Despite Contrary Jury Verdict - ABT Systems, LLC v. Emerson Electric Co.

Addressing the issue of obviousness, the U.S. Court of Appeals for the Federal Circuit overturned the jury verdict of non-obviousness and focusing on the nature of the problem to be solved, concluded that the asserted claims...more

Federal Circuit: PTAB’s Claim Construction Standard Is BRI, but Sometimes with an Obligation - Power Integrations v. Lee

In a decision with potentially far-reaching impact, U.S. Court of Appeals for the Federal Circuit concluded that the Board of Patent Appeals and Interferences (Board) in arriving at a claim constructions, is obligated to...more

Achates Reference Publishing, Inc. v. Apple Inc. (Fed. Cir. 2015)

Earlier this week, in the Achates Reference Publishing, Inc. v. Apple Inc. case, the Federal Circuit reaffirmed the holding in In re Cuozzo Speed Techs., LLC that it could not review any decision by the Patent Trial and...more

IP Newsflash - Otober 2015

FEDERAL CIRCUIT CASES - Federal Circuit Remands Case For New Damages Trial in Design Patent Case - On Tuesday, September 29, 2015, the Federal Circuit remanded a case for a new damages trial in a design patent...more

The state of laches: Is delay in patent law different from delay in copyright law?

Copyright and patent law, because of their shared origins in the same Constitutional clause, are inextricably linked. The rationale used in supporting decisions in the copyright context are often not just equally applicable...more

Claimed Formulation Not Obvious Despite Recitations Falling Within Prior Art Ranges - Allergan, Inc. v. Sandoz Inc.

Addressing obviousness issues, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s finding that patents were valid and infringed, despite undeniably including recitations falling within a prior art...more

Court Orders Law Firm and Client Joint and Severally Liable for Part of Attorney's Fee Award After Determination That Case Was...

The district court briefly summarized this patent infringement action that it found frivolous as follows: "In the 1990's, Segan invented a system for people to browse the Internet. Today, Zynga makes video games that people...more

U.S. Supreme Court Upholds Ban on Post-Patent Expiration Royalties

Fifty years ago, in Brulotte v. Thys Co., the U.S. Supreme Court held that “a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se.” 379 U.S. 29, 32 (1964). On June...more

Shire v. Amneal Pharma – Adjusting the Rearview Mirror

While the IP law world is being rocked by new developments in biosimilars, patent-eligible subject matter and IPR’s, it is almost refreshing to see a decision upholding the validity of claims to a “small molecule” drug based...more

Divided Infringement Between Doctor and Patient

Recent jurisprudence on the issue of divided infringement has arisen in the context of computer-related technologies, where a user or customer performs one or more steps of a patented method. Now the issue has arisen in the...more

What Happens if You Wait Too Long to File Your Patent Case?

Patent owners recently were reminded that delay in pursuing patent infringers can be fatal. A patent lawsuit that is not filed timely can be blocked by the doctrine of laches, even to the extent of preventing the patent owner...more

1,853 Results
View per page
Page: of 75

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.