The Eastern District of Texas recently addressed two significant issues related to fair, reasonable and non-discriminatory (FRAND) negotiations under French law; namely, whether: (1) an implementer is entitled to damages...more
2/1/2024
/ Bad Faith ,
ETSI ,
Federal Rules of Civil Procedure ,
Federal Rules of Evidence ,
France ,
FRAND ,
Intellectual Property Protection ,
Negotiations ,
Patent Litigation ,
Standard Essential Patents ,
Standard Setting Organizations
Key Points
- This settlement resolves multiple German lawsuits Nokia filed against Daimler asserting SEPs and Daimler’s complaint against Nokia before the European Commission.
- Daimler argued Nokia’s licensing...more
In CardioNet, LLC, et al. v. InfoBionic, Inc., the Federal Circuit reversed a district court’s ruling that affirmed a defendant’s 12(b)(6) motion that the asserted claims are invalid under 35 U.S.C. § 101, based on step one...more
5/14/2020
/ Appeals ,
CLS Bank v Alice Corp ,
Extrinsic Evidence ,
Failure To State A Claim ,
Federal Rule 12(b)(6) ,
Motion to Dismiss ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Prior Art ,
Reversal ,
Section 101 ,
Written Descriptions
In Limestone Memory Systems LLC v. Micron Technology, Inc. et al., the Discovery Master ruled that, under 9th Circuit law, pre-suit, patent analysis documents qualified for immunity from discovery under the work product...more
4/18/2019
/ Acquisitions ,
Attorney-Client Privilege ,
Discovery ,
Discovery Disputes ,
Document Productions ,
Dual Purpose ,
Immunity ,
Intellectual Property Protection ,
Litigation Strategies ,
Patent Litigation ,
Patents ,
Pre-Suit Investigation ,
Supplemental Evidence ,
Work-Product Doctrine
The Patent Trial and Appeal Board (PTAB) denied a petitioner’s request for rehearing of its decision declining institution of inter partes review of a patent owned by Bose Corporation (“Patent Owner.”) The PTAB upheld its...more
On September 20, 2016, the Federal Circuit issued an opinion affirming a judgment by the District Court for the District of Columbia finding the claims of Abbott GMBH & Co. KG’s (“Abbott”) U.S. Patent No. 5,344,915 (the “’915...more
FEDERAL CIRCUIT CASES -
Subjective Term Not Indefinite when Intrinsic Record Provides Reasonably Certain Scope -
On remand from the Supreme Court, on April 27, 2015, the Federal Circuit reassessed whether...more
DISTRICT COURT CASES -
District Court Awards Attorney Fees Under its Inherent Powers Rather than 35 U.S.C. § 285 -
On October 10, 2013, plaintiff MyMedicalRecords, Inc. (MMR) sued defendants claiming...more