In Vecco Instruments Inc. v. SGL Carbon, LLC, No. 17-CV-2217 (E.D.N.Y. Nov. 2, 2017), Judge Pamela Chen in the Eastern District of New York recently granted Vecco’s motion for a preliminary injunction enjoining SGL Carbon....more
Following a lengthy and extensive litigation that began in 2011 that culminated in a U.S. Supreme Court decision in December of 2016, smartphone industry titans Apple and Samsung will again find themselves in Federal District...more
Last month, following a jury verdict in federal district court in Delaware awarding Plaintiff Idenix Pharmaceuticals LLC $2.54 billion in damages—“the largest damages verdict ever returned in a patent [infringement]...more
The United States Supreme Court decided earlier this year that a 1957 opinion is still valid and still limits venue choices for patent infringement actions under 28 U.S.C. § 1400. See TC Heartland LLC v. Kraft Foods Group...more
After an eight-year battle through the Federal Courts, the fight over attorneys’ fees in Octane Fitness v. ICON Health & Fitness has likely reached its end with the Federal Circuit upholding the hotly disputed $1.6 million...more
9/19/2017
/ Appeals ,
Attorney's Fees ,
Determination on Remand ,
Exceptional Case ,
Octane Fitness v. ICON ,
Patent Litigation ,
Patents ,
Reaffirmation ,
Remand ,
SCOTUS ,
Totality of Circumstances Test
In a move that could drastically change the patent law landscape, the United States Supreme Court recently granted certiorari in Oil States Energy Services LLC v. Greene’s Energy Group LLC, No. 16-712, to answer the question...more
6/24/2017
/ Administrative Proceedings ,
America Invents Act ,
Appeals ,
Article III ,
CAFC ,
Constitutional Challenges ,
Covered Business Method Proceedings ,
Inter Partes Review (IPR) Proceeding ,
Oil States Energy Services v Greene's Energy Group ,
Patent Invalidity ,
Patents ,
Post-Grant Review ,
Private Property ,
Public Property ,
Right to a Jury ,
SCOTUS ,
Separation of Powers ,
Seventh Amendment ,
USPTO
A flurry of activity from various courts this past week on “exceptional cases” under Section 285 of the Patent Act provided notable guidance for practitioners and patent owners, with a particular emphasis on the motivation...more
6/14/2017
/ Appeals ,
Attorney's Fees ,
Exceptional Case ,
Frivolous Lawsuits ,
Octane Fitness v. ICON ,
Patent Act ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Prior Art ,
Remand ,
Reversal ,
Section 285 ,
Totality of Circumstances Test ,
Willful Infringement
In keeping with recent erosion of patent rights, patent owners’ power to control the post-sale use and sale of their patented products was severely limited this week by the U.S. Supreme Court in the highly anticipated case...more
6/1/2017
/ Breach of Contract ,
Exports ,
Foreign Sales ,
Imports ,
Impression Products v Lexmark International ,
IP License ,
Patent Exhaustion ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Resales Agreements ,
SCOTUS ,
Single-Use/No Resale Restriction ,
Stream of Commerce
In its opinion in Aylus Networks, Inc. v. Apple Inc., the Federal Circuit expanded the scope of prosecution disclaimer to statements made by a patent owner during Inter Partes Review (IPR) proceedings. The Court explained...more
On Tuesday, the U.S. Supreme Court heard oral argument in the highly anticipated case regarding the patent exhaustion doctrine, Lexmark Int’l, Inc. v. Impression Prods., Inc., No. 15-1189...more
On August 22, 2016, Administrative Law Judge David Shaw of the International Trade Commission (“ITC” or “Commission”) issued his final initial determination (“the ID”) in Certain Portable Electronic Devices and Components...more
A recent decision by the Federal Circuit suggests that relying on “common sense” in analyzing whether a patent is obvious in view of prior art cannot always be based on common sense alone. In a decision providing...more
8/24/2016
/ Appeals ,
Apple ,
Common Sense Exception ,
Evidence ,
Expert Testimony ,
Google ,
Inter Partes Review (IPR) Proceeding ,
Motorola ,
Obviousness ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Substantial Evidence Standard ,
Vacated
Arming software-patentees with additional precedent in favor of eligibility for software patents post-Alice, the Federal Circuit on June 27, 2016 handed down its decision in BASCOM Global Internet Servs., Inc. v. AT&T...more
In the latest development in the patent skirmishes between Apple and Samsung, on Monday, January 18, 2016, U.S. District Court Judge Lucy Koh of the Northern District of California entered a permanent injunction barring...more
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
10/5/2015
/ Abuse of Discretion ,
Apple ,
Apple v Samsung ,
Article III ,
eBay Test ,
Injunctive Relief ,
iPhone ,
Irreparable Harm ,
Nexus ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Permanent Injunctions ,
Public Interest ,
Samsung ,
Standing ,
Vacated