A Focus on Energy: Royalty Trusts
Instapundit: America's IP Laws Need to be "Pruned Back"
Intellectual Ventures II LLC v. JP Morgan Chase & Co., et al.
Case Number: 1:13-cv-03777-AKH -
Judge Hellerstein resolved a number of discovery-related motions. First he found that defendants’ motion to strike...more
KIMBLE V. MARVEL ENTERPRISES, INC.
Patent Licensing - Cert. Pending -
Issue: Whether the Supreme Court should overrule Brulotte v. Thys Co., which held “a patentee’s use of a royalty agreement that projects...more
On average, the U.S. Supreme Court historically hears fewer than one patent case each term. For example, in the 14 years between 1982 and 1995, the Court decided only five patent cases. In the seven years between 1995 and...more
What is a Fair, Reasonable, and Non-Discriminatory (FRAND) royalty for a few patents essential to practicing a technical standard like WiFi and how should the jury in such a case be instructed on damages? The Federal Circuit...more
Courts in the last two years have grappled with what methodology to apply to determine a reasonable royalty rate for infringed patents subject to “Reasonable and Non-Discriminatory,” or “RAND,” encumbrances. On December 4,...more
Inequitable Conduct Ruling Upheld -
In AMERICAN CALCAR, INC. v. AMERICAN HONDA MOTOR CO., Appeal No. 2013-1061, the Federal Circuit affirmed a finding of inequitable conduct.
Calcar asserted patents related to...more
Cellport Systems, Inc. v. Peiker Acustic GMBH & Co. KG -
In a case addressing whether royalties are due under a patent licensing agreement even if the products are not covered by the patents, the U.S. Court of Appeals...more
The U.S. Court of Appeals for the Federal Circuit historically has afforded litigants substantial leeway in applying economic theory to establish damages in patent infringement cases, as long as the theories are based on...more
Sabatino Bianco, M.D., v. Globus Medical, Inc. -
Comparing and contrasting Texas trade secret law to jurisprudence relating to patent infringement damages, the U.S. District Court for the Eastern District of Texas held...more
In re Nintendo of America, Inc. -
The U.S. Court of Appeals for the Federal Circuit vacated a denial of a motion to sever and transfer, directing the district court to grant petitioner’s motion because the transferee...more
On August 11, 2010, VirnetX filed suit alleging that Apple and several other defendants infringed several U.S. Patents, which generally describe a method for transparently creating a virtual private network ("VPN") between a...more
A patentee bears the burden of proving infringement when a licensee seeks a declaratory judgment of non-infringement, the U.S. Supreme Court has held. The ruling reversed the Federal Circuit and clarified declaratory...more
In February 2013, Tomita Technologies USA, LLC ("Tomita") went to trial before a jury against Nintendo Co., Ltd. ("Nintendo"). In March 2013, the jury returned a verdict in favor of Tomita in the amount of $30.2 million,...more
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