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Federal Circuit Affirms Dismissal of “Process Automation” Patent Infringement Suit

On March 15, 2022, the Federal Circuit affirmed the Eastern District of Texas’s dismissal of a patent infringement complaint because the asserted patent claims were directed to process automation and therefore not eligible...more

Federal Circuit Rejects Two-Tiered Royalty Patent Damages

By Dan Staren and David Barker Last week, a Federal Circuit panel vacated a billion dollar jury verdict in favor of plaintiff-appellee California Institute of Technology (“Caltech”) and remanded for a new trial on damages...more

Federal Circuit Erases Juno’s $1 Billion Judgment by Invalidating Patent for Inadequate Written Description

The Federal Circuit invalidated Juno Therapeutics, Inc.’s T cell therapy patent for cancer treatment and erased a billion dollar judgment in Juno’s favor. The court held that the jury verdict regarding the patent’s written...more

Supreme Court Determines New Limitations to Assignor Estoppel Doctrine

The Supreme Court upheld assignor estoppel in Minerva Surgical, Inc. v. Hologic, Inc., et al. but held that the Federal Circuit “failed to recognize the doctrine’s proper limits.” In doing so, the Court imposed new...more

Supreme Court Grants Certiorari to Resolve Long-Running Debate on Assignor Estoppel

Last Friday, the U.S. Supreme Court granted certiorari in Minerva Surgical v. Hologic, thereby agreeing to resolve a long-running debate on patent law’s doctrine of assignor estoppel. Minerva Surgical has asked the Court to...more

Supreme Court Holds PTAB Decisions on IPR Time Limit Nonappelable

Yesterday, in Thryv, Inc. v. Click-To-Call Technologies LP, the Supreme Court held that Patent Trial and Appeal Board (“PTAB”) decisions regarding the time limit for filing inter partes reviews (“IPRs”) are not subject to...more

Federal Circuit Broadens Personal Jurisdiction Based on Patent Infringement Letters

A recent decision by the Federal Circuit has broadened the potential for declaratory judgment personal jurisdiction to exist based on letters sent to accused patent infringers in a foreign forum. In Jack Henry & Associates,...more

Supreme Court to Decide Multiple IP Issues This Term

On October 26, 2018, the Supreme Court of the United States (“SCOTUS”) granted certiorari in two IP cases. In Mission Product Holdings, Inc. v. Tempnology, LLC, SCOTUS will address a circuit split on the effect bankruptcy...more

Supreme Court Opens the Door to Recovering Lost Foreign Profits in Patent Cases

In a 7-2 decision, the Supreme Court of the United States has opened the door for patent owners to recover lost foreign profits under §§ 284 and 271(f)(2) of the Patent Act. Although the Court’s decision in WesternGeco LLC v....more

The Supreme Court to Consider Patent Infringement Damages Accrued Abroad

The Supreme Court has granted certiorari to consider whether damages for infringement of a U.S. patent include lost profits resulting from activities outside the U.S....more

Federal Circuit Clarifies Venue Waiver After TC Heartland

The Federal Circuit issued guidance yesterday for district courts deciding venue challenges after the Supreme Court’s May 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC. In In re Micron Technology, Inc.,...more

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