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Infringement Patents Patent Litigation

BakerHostetler

2024 BakerHostetler IP Perspectives - Forecasts, Trends and Accomplishments

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Trends, triumphs and challenges – the first annual BakerHostetler IP Perspectives (BHIPP) provides insights on all three fronts in the complex world of intellectual property (IP). From the potential hazards associated with...more

Fish & Richardson

ITC Monthly Wrap-Up: September 2023

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This month’s ITC Wrap-Up reviews recent developments in the Commission’s scope of authority to review (1) infringement by “alternative” products and (2) infringement of claims other than those a product was accused of...more

Linda Liu & Partners

How to win the war against infringement on China’s e-commerce platforms

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In the information age, with the rapid development of the Internet, mobile Internet, big data, and other technologies, products can be promoted to the whole world without leaving your house; foreign companies can also open...more

Fenwick & West LLP

What Does “Prior Art” Mean in Copyright Law?

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The traditional understanding in copyright law is that the concept of “prior art” is only applicable to patents and that the term is not relevant in assessing whether a defendant has infringed someone’s copyright. Patent law...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2021 #2

Indivior UK Ltd. v. Dr. Reddy’s Laboratories S.A., Appeal Nos. 2020-2073, -2142 (Fed. Cir. Nov. 24, 2021) - Our Case of the Week this week focuses on the written description requirement when the patent claims a range. The...more

Buckingham, Doolittle & Burroughs, LLC

A Fine Line Between Co-Owner and Infringer

Can an employee’s unpatentable “idea”, conceived under a duty to assign intellectual property, give rise to co-ownership in an invention conceived after employment terminates? That was the question on appeal in Bio-Rad...more

Smart & Biggar

Strategies for in-house counsel to mitigate risk related to intellectual property

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In today’s competitive innovation economy, companies across industries face a wide range of potential legal issues and risks related to intellectual property (IP). Whether it is infringement of a valuable patented technology,...more

Ladas & Parry LLP

UK Supreme Court Decisions in Unwired Planet V Huawei and Hauwei V. Conversant

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On August 26, 2020, the United Kingdom Supreme Court handed down its unanimous combined decision in the cases of Unwired Planet v. Huawei and Huawei v. Conversant. Both cases involved questions of: 1. Whether the...more

McDermott Will & Emery

Prejudgment Interest Can Recover for Acts Prior to Patent Issuance

The US Court of Appeals for the Federal Circuit found that the defendant failed to sufficiently allege any prejudice caused by alleged errors relating to claim construction, and affirmed the district court’s application of...more

Carlton Fields

Second Circuit Affirms District Court Decision To Compel Arbitration In Patent Infringement Battle Between LG And WI-LAN

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A Second Circuit 3-judge panel affirmed a district court decision denying a request for declaratory and injunctive relief while subsequently compelling arbitration in a licensing infringement suit. On appeal, LG Electronics,...more

McDonnell Boehnen Hulbert & Berghoff LLP

G.D. Searle LLC v. Lupin Pharmaceuticals, Inc. (Fed. Cir. 2015)

Over seven years ago, the Federal Circuit delivered a mixed ruling against Pfizer in litigation against Teva) relating to the pain medication Celebrex® (celocoxib) (where "celocoxib" is...more

King & Spalding

ITC Section 337 Update - June 2015

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District Court Declines Barnes & Noble’s Request To Apply Kessler Doctrine To ITC Non-Infringement Decision – On May 31, 2015, United States Magistrate Judge Paul Grewal of the U.S. District Court for the Northern...more

Nossaman LLP

Good Faith Belief In Patent Invalidity Is No Defense To Claim Of Inducing Infringement

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Commil, USA, LLC sued Cisco Systems, Inc. for patent infringement and inducing patent infringement with regard to Commil’s patented method of implementing short-range wireless networks. Today, in Commil, USA, LLC v. Cisco...more

Stinson LLP

Supreme Court Decision Eliminates Defense to Claim of Inducing Infringement

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The U.S. Supreme Court ruled Tuesday, May 26 that a good-faith belief that a patent is invalid is not a defense to a claim of inducing infringement. Commil USA, LLC v. Cisco Sys., Inc., No. 13-1986 (May 26, 2015). The Supreme...more

King & Spalding

ITC Section 337 Update - March 2015 #2

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Commission Declines MEGA Brands’ Request For Early Disposition Of Domestic Industry – As reported in the March 12, 2015 edition of the ITC Section 337 Update, proposed Respondent MEGA Brands filed public interest comments...more

McDonnell Boehnen Hulbert & Berghoff LLP

Court Report - February 2015 #4

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Novartis Vaccines and Diagnostics, Inc. et al. v. Pfizer, Inc. 2:15-cv-01283; filed February 18, 2015 in the District...more

McDermott Will & Emery

Defense of Laches in Patent Cases to Be Reviewed En Banc - SCA Hygiene Products Aktiebolag, et al. v. First Quality Baby Products,...

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The U.S. Court of Appeals for the Federal Circuit has order for en banc review of the defense of laches in patent cases in order to evaluate the impact of the Supreme Court’s laches decision in the copyright case Petrella v....more

McDermott Will & Emery

Assignment Consideration Can Be Representation, Support and Opportunity - Memorylink Corp. v. Motorola Solutions, Inc.

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Addressing whether a patent was properly assigned and whether claims of inventorship fraud were properly barred by the statute of limitations, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s summary...more

Mintz - Intellectual Property Viewpoints

The En Banc Federal Circuit Hears Argument in Suprema, Inc. v. ITC

On Thursday, February 5, 2015, the en banc Federal Circuit heard oral argument in the matter of Suprema, Inc. v. ITC, reviewing its controversial panel decision holding that in ITC investigations induced infringement cannot...more

McDermott Will & Emery

Damage Award Slashed as Court Finds Defenses Were Not Objectively Assessed - Stryker Corp. v. Zimmer, Inc.

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Addressing the issue of willful infringement, the U.S. Court of Appeals for the Federal Circuit reversed the lower court’s finding of willful infringement and award of attorneys’ fees, finding that the defenses asserted by...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Hears Oral Arguments in Suprema, Inc. v. International Trade Commission Rehearing en banc

Court considers whether the U.S. International Trade Commission has authority over allegations of induced infringement and infringement of method-of-use claims by importers. Procedural Background - Suprema v....more

McDermott Will & Emery

Federal Circuit Addresses Plethora of Issues in Affirming $19.5 Million Damage Award

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SSL Services, LLC v. Citrix - The U.S. Court of Appeals for the Federal Circuit, in an opinion that broached issues of claim construction, non-infringement, willful infringement, invalidity, the legal implications of a...more

Womble Bond Dickinson

Python Safety Files Trade Dress and Patent infringement Complaint Against Ty-Flot

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On June 18, 2014, Python Safety, Inc. (“Python”), of Woodstock, GA filed a complaint against Ty-Flot, Inc. (“Ty-Flot”), of Manchester, NH, alleging federal trade dress infringement and unfair competition, infringement of US...more

Robins Kaplan LLP

Software and Trade Secrets: Rethinking IP Strategies after CLS v. Alice

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Historically, the patent system has provided broad protections to software innovations. In the past, software patent holders could prevent competitor infringement without much need for a comprehensive disclosure of the...more

Katten Muchin Rosenman LLP

Supreme Court Unanimously Rejects Federal Circuit Standards for Indefiniteness and Induced Infringement

The US Supreme Court issued two anticipated decisions on June 2, 2014, relating to the US Court of Appeals for the Federal Circuit's standards for indefiniteness and induced infringement. In the first, Nautilus, Inc....more

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