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Federal Circuit Rules No “Prevailing Party” for Attorneys’ Fees under § 285 after Plaintiff’s Voluntary Dismissal – Even Where...

A defendant facing a newly filed lawsuit has options when deciding how to respond to the complaint. Some responses automatically excuse the defendant from answering the complaint temporarily (e.g., a motion to dismiss under...more

Federal Circuit Holds That Plaintiff Bears the Burden of Proving Venue in Patent Cases

In an order issued May 14, 2018, the Court of Appeals for the Federal Circuit vacated a District Court order that denied a motion to dismiss for improper venue. The Court held that, in challenges to venue under 28 U.S.C. §...more

Unanswered Questions After TC Heartland

The Supreme Court recently upended what many practitioners considered to be the status quo on the issue of where venue lies in patent infringement actions. These cases have a special governing provision in 28 U.S.C. § 1400(b)...more

Federal Circuit Once Again Finds That a Functional Claim Term is Indefinite Even Without the Use of “Means.”

On July 28, 2016, the Federal Circuit issued its opinion in Advanced Ground Information Systems v. Life360, Inc., affirming the district court’s decision that the asserted patent claims are indefinite. This opinion is notable...more

Pleading Patent Infringement Without Form 18

On December 1, 2015, changes recommended by the Judicial Conference Advisory Committee on the Federal Rules of Civil Procedure and adopted by the Supreme Court will take effect. Among these changes is elimination of the...more

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