In Lubby Holdings LLC v. Chung, the Federal Circuit held corporate officers and employees who actively assist with their corporation’s infringement may be personally liable for inducing infringement even without any piercing...more
The Federal Circuit in Lubby Holdings v. Chung overturned a jury verdict finding that Lubby satisfied Sec. 287(a)’s requirement to notify Chung of his infringement. Was this reversible error, or has the court determined that...more
The US Court of Appeals for the Federal Circuit reversed a district court’s finding of liability for infringement that occurred prior to the filing of the action, explaining that notwithstanding the defendant’ admission that...more
Section 287 of the U.S. Patent Act gives a patent owner the ability to recover damages for patent infringement in two ways: (1) if a patented article is marked; or (2) if actual notice of infringement has been provided. The...more
PACKET INTELLIGENCE LLC v. NETSCOUT SYSTEMS, INC. Before Lourie, Reyna, and Hughes. Appeal from U.S. District Court for the Eastern District of Texas - Summary: The defendant’s infringement of method claims through...more
The patent marking statute, codified at 35 U.S.C. § 287(a) appears straightforward: Patentees, and persons making, offering for sale, or selling within the United States any patented article for or under them, or importing...more
Federal Circuit Summaries - Before Moore, Plager, and Stoll. Appeal from the United States District Court for the Southern District of Florida. Summary: In challenging compliance with the marking requirement of §...more