News & Analysis as of

Infringement Patents Patent Litigation

Prejudgment Interest Can Recover for Acts Prior to Patent Issuance

by McDermott Will & Emery on

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

B&B Hardware – District Courts Consider Impact on Both Trademark and Patent Litigation

by Brooks Kushman P.C. on

In B&B Hardware v. Hargis Industries, the Supreme Court held that, under some circumstances, determinations by the USPTO Trademark Trial and Appeal Board could have preclusive effect in subsequent federal court litigation...more

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

by Carlton Fields on

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

Has the Supreme Court signaled the end of invalidity opinion letters?

by Thompson Coburn LLP on

On May 26, 2015, in the case of Commil USA, LLC v. CISCO Systems, Inc., the U.S. Supreme Court answered the question of whether a good-faith belief that a patent is invalid shields a party from committing induced...more

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

ITC Section 337 Update - June 2015

by King & Spalding on

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

When a Picture is Not Enough: Specificity of Infringement Contentions

by Orrick - IP Landscape on

Order Requiring Parties to Meet and Confer Regarding Infringement Contentions, Monolithic Power Systems, Inc. v. Silergy Corporation, et al., 14-cv-01745 (Magistrate Judge Westmore) - The cliché that “a picture is...more

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

by Nossaman LLP on

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

Supreme Court Decision Eliminates Defense to Claim of Inducing Infringement

by Stinson Leonard Street on

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

ITC Section 337 Update - March 2015 #2

by King & Spalding on

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

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

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

by McDermott Will & Emery on

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

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

by McDermott Will & Emery on

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

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

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

by McDermott Will & Emery on

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

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

Supreme Court Corner: Q4 2014

by DLA Piper on

KIMBLE V. MARVEL ENTERPRISES, INC. Patent Licensing - Cert. Pending - Issue: Whether the Supreme Court should overrule Brulotte v. Thys Co., which held “a patentee’s use of a royalty agreement that projects...more

Supreme Court 2014 Patent Preview

by Brooks Kushman P.C. on

On average, the U.S. Supreme Court historically hears fewer than one patent case each term. For example, in the 14 years between 1982 and 1995, the Court decided only five patent cases. In the seven years between 1995 and...more

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

by McDermott Will & Emery on

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

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

by Womble Bond Dickinson on

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

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

by Robins Kaplan LLP on

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

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

Litigation Alert: Supreme Court Revives 'Divided Infringement' Defense to Inducement

by Fenwick & West LLP on

Limelight Networks, Inc. v. Akamai Technologies, Inc., No. 12-786, Slip Op. (June 2, 2014) - The United States Supreme Court has revived “divided infringement” as a defense to claims for inducement of patent...more

Supreme Court clarifies test for § 271(b) induced infringement, invites Federal Circuit to revisit Muniauction test for § 271(a)...

by DLA Piper on

Induced infringement, under § 271(b) of the Patent Act, requires a finding of a predicate direct infringement, under § 271(a). This proposition, a “simple truth” according to the Supreme Court, does not, at first...more

NewPoint Media Seeks Declaration of Non-Infringement of Easy IP Patent and Copyrights Covering Custom Advertisement Creation

by Womble Bond Dickinson on

NewPoint Media Group, LLC (“NewPoint Media”), filed a complaint in the Northern District of Georgia seeking a declaratory judgment against Easy Intellectual Property Licenses, LLC (“Easy IP”) declaring that NewPoint Media...more

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Cybersecurity

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