News & Analysis as of

Third-Party Patent Litigation

Jones Day

Customer/Manufacturer Relationship Insufficient To Bar

Jones Day on

Recently, the PTAB held that Samsung Electronics Co. Ltd. (“Petitioner”), met its burden in showing that a third party (the “Third Party”) was neither a real party-in-interest (“RPI”) nor in privity with Petitioner....more

Flaster Greenberg PC

Nimitz Patent Fight Offers Peek Behind NPE Liability Curtain

Flaster Greenberg PC on

This article originally ran in Law360 on February 10, 2023. All rights reserved.  Patent litigation brought by nonpracticing entities, or NPEs, has seen exponential growth. These cases are often filed against large retailers...more

BakerHostetler

Third-Party Complaints Must Shift Liability - Not Defeat It

BakerHostetler on

A party sued for patent infringement may seek to shift some or all of its liability through an indemnification claim. While a patent infringement defendant may seek to implead an indemnitor under Rule 14 of the Federal Rules...more

McDermott Will & Emery

Patent Venue Statute Doesn’t Apply to Third-Party Counterclaim Defendant; Acts in Furtherance of Partnership May Be Imputed to...

McDermott Will & Emery on

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

McDermott Will & Emery

Third-Party Licensing Information May Be Exception to General Right of Public Access to Court Records

McDermott Will & Emery on

In a second appeal relating to sealing third-party licensing information, the US Court of Appeals for the Federal Circuit vacated and remanded a district court’s order denying a motion to seal because the district court...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court - February 2022 #2

Adapt Pharma Operations Limited v. Teva Pharmaceuticals USA, Inc., Appeal No. 2020-2106 (Fed. Cir. Feb. 10, 2022) - In our Case of the Week, the Court of Appeals for the Federal Circuit, in both the majority opinion and...more

Weintraub Tobin

You Can’t Manipulate Venue!

Weintraub Tobin on

How many of the lawyers out there liked hypotheticals in law school? I did not, but this case prompted me to write one! So, for those of you who enjoy hypotheticals, here it is: Company A, a North Carolina LLC, owns...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Affirms Refusal to Admit Source Code Printouts Obtained from Third Parties

The Federal Circuit’s recent decision in Wi-LAN Inc. v. Sharp Electronics Corp. demonstrates potential difficulties for plaintiffs in proving infringement where third-party information is necessary to establish that...more

Vinson & Elkins LLP

Western District Of Texas Sanctions Patent Infringement Defendant For Discovery Abuse And Misconduct

Vinson & Elkins LLP on

On April 6, 2021, the Western District of Texas ordered that preliminary injunction relief was appropriate to prevent irreparable harm to the plaintiff due to the defendant’s “discovery abuse and related misconduct.”...more

Jones Day

Court Blocks Stay Request Absent Agreement to Estoppel for Third-Party IPRs

Jones Day on

The United States District Court for the Central District of California recently denied Defendant Adobe Systems Inc.’s motion to stay litigation pending resolution of parallel inter partes review (“IPR”) proceedings before...more

Smart & Biggar

Apotex fails to establish it would have obtained non-infringing perindopril from foreign third-party suppliers; original $61+...

Smart & Biggar on

Servier and its related company ADIR were successful in another chapter of patent litigation relating to perindopril (Servier’s COVERSYL): the Federal Court again dismissed Apotex’s non-infringing alternative defence, finding...more

BakerHostetler

A Cautionary Tale: IPR Petition Denied Based on Third-Party Submission

BakerHostetler on

In Cultec, Inc. v. StormTech LLC, IPR2017-00777, Paper 7 (Aug. 22, 2017), the Patent Trial and Appeal Board (Board) denied an inter partes review because the same or substantially the same prior art or arguments were said to...more

McDermott Will & Emery

Federal Circuit Upholds ITC’s Authority to Enforce Consent Order Covering Third-Party Products

McDermott Will & Emery on

uPI Semiconductor Corp. v. U.S. International Trade Commission and Richtek Technology Corp. v. U.S. International Trade Commission - The U.S. Court of Appeals for the Federal Circuit affirmed in part and reversed in...more

13 Results
 / 
View per page
Page: of 1

"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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide