News & Analysis as of

Inequitable Conduct Attorney's Fees

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Clarifies Requisite Analysis for Unclean Hands, Inequitable Conduct, Summary Judgement Determinations of...

Luv N’ Care, Ltd. and Nouri E. Hakim v. Lindsey Laurain and Eazy-PZ, LLC, Nos. 2022-1905, 2022-1970 (Fed. Cir. April 12, 2024) addressed several issues, including: (1) what evidence of litigation misconduct may support a...more

McDermott Will & Emery

Unclean Hands Aren’t Just for Toddlers

McDermott Will & Emery on

In an action involving manufacturers of a self-sealing dining mat for toddlers, the US Court of Appeals for the Federal Circuit affirmed a district court’s finding that the defendants were barred from obtaining relief on...more

Bradley Arant Boult Cummings LLP

Make Sure You Behave and Keep Those Hands Clean: How Deceit and Bad Table Manners Can Bite

Last week in Luv n’ Care, Ltd. v. Laurain, the Federal Circuit put the lower court in time out and probably made Eazy-PZ, LLC (EZPZ) cry just a little bit harder. In this precedential decision involving U.S. Patent No....more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2024 #3

Luv N’ Care, Ltd. v. Lindsey Laurain, Appeal Nos. 2022-1905, -1970 (Fed. Cir. Apr.12, 2024) - In this week’s Case of the Week, the Federal Circuit affirmed the district court’s bench trial decision that unclean hands...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2023 #2

Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc., Appeal No. 2021-1981 (Fed. Cir. May 9, 2023) In our Case of the Week, the Court of Appeals for the Federal Circuit considered the “analogous art” inquiry in...more

Weintraub Tobin

Attorney Fees Denied Due to Lack of Support in Cannabis Litigation Record

Weintraub Tobin on

In 2018, United Cannabis Corporation (“UCANN”) sued Pure Hemp Collective (“Pure Hemp”) for infringement of U.S. Patent No. 9,730,911 (the “‘911 patent”), entitled “Cannabis Extracts and Methods of Preparing and Using the...more

McDermott Will & Emery

This Case Is Both Hot and Exceptional—Attorneys’ Fees and Inequitable Conduct

McDermott Will & Emery on

In a second visit to the US Court of Appeals for the Federal Circuit, after the Court affirmed a finding of unenforceability due to inequitable conduct based on “bad faith” non-disclosure of statutory bar prior sales on the...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (October 18-22): Inequitable Conduct = Attorneys’ Fees?

After a couple of weeks with lots of precedential decisions, the Federal Circuit caught its breath last week and issued only non-precedential ones (with the possible exception of a sealed opinion that may or may not be...more

Knobbe Martens

Enforcing a Patent Known to be Invalid Can Trigger Attorneys’ Fees

Knobbe Martens on

ENERGY HEATING, LLC v. HEAT ON-THE-FLY, LLC - Before Moore, Prost, and Stoll.  Appeal from the U.S. District Court for the District of North Dakota. Summary: Enforcing a patent with knowledge that it is invalid can...more

McDermott Will & Emery

Finding Fault Because Basis for Denying Attorneys’ Fees Was Not Provided

The US Court of Appeals for the Federal Circuit remanded a district court’s decision denying attorneys’ fees, finding that a district court must articulate a basis for denying attorneys’ fees. Energy Heating, LLC v. Heat...more

Knobbe Martens

Energy Heating, LLC. v. Heat On-The-Fly, LLC

Knobbe Martens on

Federal Circuit Summaries - Before Moore, Hughes, and Stoll. Appeal from the United States District Court for the District of North Dakota. Summary: A district court must articulate a reasonable basis for denying...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc., Appeal Nos. 2016-2121, -2208, -2235 (Fed. Cir. 2018)?- In an appeal from a jury trial, the Federal Circuit addressed numerous issues...more

Proskauer - New England IP Blog

Cold to Mootness Challenge, But Warm to Inequitable Conduct Defenses

In a recent opinion from the District of Massachusetts, Judge Woodlock provided a reading on the mootness of an inequitable conduct counterclaim, where the asserted claims of the thermometer patent at issue were previously...more

Schwabe, Williamson & Wyatt PC

2017 and Early 2018 Supreme Court and Precedential Patent Cases From the Federal Circuit

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Schwabe, Williamson & Wyatt PC

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Schwabe, Williamson & Wyatt PC

Summaries of All Supreme Court and Precedential Federal Circuit Patent Cases Decided Since Jun. 1, 2016

This paper is based on reports on precedential patent cases decided by the Federal Circuit distributed by Peter Heuser on a weekly basis. ...more

Schwabe, Williamson & Wyatt PC

Recent Developments In Patent Law May 17, 2017

Update to TC Heartland LLC v. Kraft Foods Group Brands LLC, Case No. 16-341 (May 22, 2017) - In an 8-0 opinion written by Justice Thomas (Justice Gorsuch did not participate), the Supreme Court rules that a defendant...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - April 2016 #2

DISTRICT COURT - Expert’s Failure to Disclose Certain Materials Relied upon in Forming Opinion Warrants Mistrial - On February 29, 2016, Judge Robert Payne of the Eastern District of Virginia declared a mistrial as...more

Knobbe Martens

Federal Circuit Review | March 2016

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Under O2 Micro, a District Court Must Provide a Claim Construction if the Parties Dispute the Meaning of a Claim Term - In Eon Corp. IP Holdings LLC v. Silver Springs Networks, Inc., Appeal No. 2015-1237, the Federal...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Backs Finding of Inequitable Conduct in Reexamination of Prosthetics Patent

The Federal Circuit has affirmed a district court’s awarding of attorneys’ fees to Alps South (Alps) based on inequitable conduct by Ohio Willow Wood (OWW) during reexamination of its patent for gel-coated, cushioned socks...more

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