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Dismissals IP License

McDermott Will & Emery

Acts Supporting Induced Infringement Allegations Must Occur During Damages Period

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The US Court of Appeals for the Federal Circuit vacated a damages verdict because the acts supporting the induced infringement finding took place years before the statutory damages period and thus could not support a finding...more

Lathrop GPM

The Franchise Memorandum - Issue # 260

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Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Periodically, The Franchise Memorandum focuses on topics primarily of interest to companies that use distributors and dealers rather than...more

McDonnell Boehnen Hulbert & Berghoff LLP

Gensetix, Inc. v. Board of Regents of the University of Texas System (Fed. Cir. 2020)

In a conundrum worthy of a law school civil procedure examination, plaintiff Gensetix found itself apparently with no remedy for infringement by Baylor College of Medicine, Diakonos Research Ltd., and William Decker of...more

Knobbe Martens

Eleventh Amendment Protects States From Involuntary Joinder in Patent Suits

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Gensetix, Inc. v. Baylor College of Medicine - Before Newman, O’Malley, and Taranto. Appeal from the U.S. District Court for the Southern District of Texas. Summary: A state can invoke sovereign immunity under the...more

McDermott Will & Emery

All in the Family: Prior Patent License Implicitly Grants License to Asserted Patent

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The US Court of Appeals for the Federal Circuit affirmed a district court dismissal, finding that a patent license implicitly licensed all parents and continuations that disclosed the same invention as the explicitly licensed...more

McDermott Will & Emery

Patent Sublicense Does Not Automatically Survive Termination of Principal License

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The US Court of Appeals for the Federal Circuit reversed a dismissal based on a license defense, explaining that it was improper to dismiss until the district court had interpreted the license agreement....more

Farrell Fritz, P.C.

Court Takes Ambiguity Off the Menu of Restaurant’s LLC Agreement

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I’ve lost track of how many lawsuits I’ve seen between co-owners of New York City restaurants. It’s not surprising given the high percentage of restaurant failures in an intensely competitive market with high rents, high...more

Sunstein LLP

U.S. Navy is no [Software] Pirate Despite Making 430,000 Extra Copies

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On September 20, the U.S. Court of Federal Claims dismissed a $600 million copyright infringement claim against the U.S. Navy. Bitmanagement Software GMBH v. United States involved virtual reality software that the Navy...more

Knobbe Martens

Sublicense May Survive Termination of a Main License

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FRAUNHOFER-GESELLSCHAFT v. SIRIUS XM RADIO INC. Before Dyk, Linn, and Taranto.  Appeal from the District of Delaware. Summary:  Contract interpretation must be applied in determining whether a sublicense survives...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2019 #3

PATENT CASE OF THE WEEK - Inspired Development Grp, LLC v. Inspired Products Grp., LLC, Appeal No. 2018-1616 (Fed. Cir. Sept. 18, 2019) - Our first patent case of the week is not, according to the Federal Circuit, a...more

Robins Kaplan LLP

The Second Circuit Calls a False Start on NFL Photographer Litigation

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Just after the close of an eventful Week 1, the NFL was hit with the revival of an extensive lawsuit claiming it wrongfully exploited thousands of game-day photos without permission or payment....more

Goodwin

Federal Circuit Affirms Dismissal of AbbVie’s Humira License Suit

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The Federal Circuit has ruled that AbbVie’s declaratory judgment action seeking to invalidate a patent licensed from MedImmune will not go forward. AbbVie licensed several patents stemming from a research collaboration that...more

Knobbe Martens

Sovereign Immunity and Inter Partes Review

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Sovereign immunity refers to the doctrine that the government cannot be sued without its consent. Specifically, the 11th Amendment precludes federal courts from exercising jurisdiction over states in suits brought by private...more

Nutter McClennen & Fish LLP

Naming Exclusive Licensee as Defendant, Exclusively, Leads to Dismissal of Declaratory Judgment Action

For declaratory judgment (DJ) actions concerning patents, whether a patent owner’s conduct is sufficient for there to be a real and immediate controversy is the usual jurisdictional hurdle. In BASF Plant Science, LP v. Nuseed...more

Womble Bond Dickinson

State Universities May Use Sovereign Immunity Defense in IPRs

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The University of Florida picked up some big wins in the NCAA Men’s Basketball Tournament, moving into the tourney’s Sweet Sixteen. But the Gators also earned a big patent dispute victory recently in Covidien LP v. University...more

Dorsey & Whitney LLP

FedEx Can Keep On Copying for Creative Commons Licensee

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Fed Ex Office and Print Services recently scored a victory in Great Minds v. FedEx Office and Print Services, Inc., securing dismissal of a copyright infringement action based on the copying of educational materials for...more

Patterson Belknap Webb & Tyler LLP

Better Early than Never: SDNY Dismisses Lawsuit over Patent Settlement where Generics were Granted Early-Entry Licenses with...

On September 22, Judge Ronnie Abrams of the Southern District of New York dismissed an antitrust lawsuit against Takeda Pharmaceuticals and three generic drug manufacturers based on settlements they had reached regarding a...more

McDermott Will & Emery

Licensees Not Required to Do Due Diligence Where Inventor Falsely Claimed Exclusive Ownership - Yazdianpour v. Safeblood...

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Addressing the grant of summary judgment dismissing a fraud claim where the licensee failed to check the U.S. Patent and Trademark Office (PTO) website regarding rumors of the inventor’s previous dealings with another...more

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