A district court in the Western District of Washington denied Adaptics Ltd.’s (“Adaptics”) motion for summary judgment of patent exhaustion, which was based on a theory that an authorized sale by a downstream reseller can...more
4/15/2019
/ Downstream Agreements ,
Manufacturers ,
Motion for Summary Judgment ,
Patent Exhaustion ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Resales Agreements ,
Retailers ,
Settlement Agreements ,
Stream of Commerce
On January 3, 2019, following a jury’s award of $145 million in damages to Wi-LAN, the Southern District of California granted Apple’s motion for a conditional order of remittitur to a $10 million damages award. In granting...more
1/15/2019
/ Apple ,
Apportionment ,
Damages ,
Expert Testimony ,
iPhone ,
Jury Verdicts ,
Method Claims ,
Patent Litigation ,
Patents ,
Remittitur ,
Technology Sector
The Federal Circuit recently affirmed a decision from the District Court for the Northern District of California granting appellee Cepheid’s summary judgment motion against appellant Roche Molecular Systems (“Roche”) and held...more
On September 10, 2018, the Federal Circuit affirmed a decision by the Patent Trial and Appeal Board (PTAB) determining that there was no interference in fact between the University of California’s (“UC”) U.S. Patent...more
9/24/2018
/ Appeals ,
CRISPR ,
Interference Claims ,
Life Sciences ,
Nonobvious ,
Patent Applications ,
Patent Litigation ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Reaffirmation ,
Standard of Review ,
Substantial Evidence Standard ,
University of California
In an order issued on May 4, 2018, a Western District of Wisconsin Court addressed venue issues relating to subsidiaries of the same parent. Plaintiff Unity Opto Technology Co. (“Unity”) sued defendants Lowe’s Home Centers,...more
The District Court for the Central District of California recently found that plaintiff Akeso Health Sciences, LLC’s 10-year delay in filing its patent infringement claims justified granting defendant Designs for Health,...more
A federal district court in the Southern District of Texas recently addressed venue issues relating to supplier-distributor relationships. Given the defendant’s lack of physical presence in the district, Chief Judge Lee...more
5/3/2018
/ Distribution Centers ,
Distributors ,
Motion to Dismiss ,
Motion to Transfer ,
Patent Infringement ,
Patent Litigation ,
Principal Place of Business ,
Retailers ,
Suppliers ,
Trademark Infringement ,
Venue
In a November 21, 2016, order, the Honorable Janis L. Sammartino of the Southern District of California dismissed The Scripps Research Institute’s (TSRI) patent infringement claims without prejudice because TSRI failed to...more
DISTRICT COURT CASES -
Eastern District of Virginia Grants Summary Judgment of Noninfringement to Adobe -
On May 7, 2015, Judge Brinkema of the United States district court for the Eastern District of Virginia...more
5/26/2015
/ Adobe ,
AT&T Mobility ,
Cisco ,
Claim Preclusion ,
eBay ,
IBM ,
Issue Preclusion ,
Motions in Limine ,
Oracle ,
Patent Infringement ,
Patent Litigation ,
Patents ,
PayPal ,
Royalties ,
Verizon
FEDERAL CIRCUIT CASES -
Federal Circuit Reverses Summary Judgment of Noninfringement Under § 271(e)(1) for Consideration of Certain Post-FDA-Submission Activities, But Expresses Skepticism About Infringement...more
SUPREME COURT CASES -
U.S. Supreme Court Remands Case to Federal Circuit to Review Patent Under Teva -
On April 20, 2015, the U.S. Supreme Court remanded a case back to the U.S. Court of Appeal for the Federal...more
5/11/2015
/ Appeals ,
Claim Construction ,
Clear Error Standard ,
Frivolous Lawsuits ,
Motions in Limine ,
Patent Infringement ,
Patents ,
Prior Art ,
Remand ,
Rule 11 ,
SCOTUS
FEDERAL CIRCUIT CASES -
Federal Circuit Throws Out $2 Million Award to Nvidia and Sony -
Despite the Supreme Court's Octane Fitness decision making it easier to award attorneys’ fees, the Federal Circuit has...more
FEDERAL CIRCUIT CASES -
Federal Circuit Declines to Extend Patent Exhaustion Doctrine -
In a February 10, 2015 decision, the Federal Circuit reversed a grant of summary judgment of non-infringement under the...more
2/16/2015
/ Covered Business Method Patents ,
Discovery ,
Innovation Act ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
Litigation Strategies ,
Mobile Devices ,
New York Times ,
Patent Exhaustion ,
Patent Infringement ,
Patent Litigation ,
Patent Reform ,
Patent Trial and Appeal Board ,
Patents
Federal Circuit Affirms Willful Infringement Judgment and Enhanced Damages Award -
In an October 14, 2014, decision, the Federal Circuit upheld a judgment of willful infringement and an award of enhanced damages...more
Patents to a “Specific Technological Process” Fall on the Pleadings as Abstract Ideas -
On September 22, 2014, Judge George H. Wu (C.D. Cal.) ruled on the pleadings that two Planet Blue patents relating to “the idea of...more
Federal Circuit Affirms Inequitable Conduct Based On “Intentionally Selective” Disclosure -
On September 26, 2014, a divided Federal Circuit panel affirmed the unenforceability of three American Calcar patents,...more
10/6/2014
/ Expert Testimony ,
Inequitable Conduct ,
Inter Partes Review (IPR) Proceeding ,
Inventors ,
Joinder ,
Microsoft ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Target