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Jury Trial Patents

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: October 2023

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The Texas Patent Litigation Monthly Wrap-Up for October 2023 covers three decisions addressing the scope of the work-product and attorney-client privileges, limits on the use of a defendant’s use of its own patents during...more

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

2022 Design Patents Year in Review: Analysis and Trends: US District Courts: A Busy Year for Design Patents, Including a $17M Jury...

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

Hudnell Law Group

Some common outcomes when pursuing patent litigation

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Patents protect intellectual property, but they are most effective when the holder is willing to defend them using litigation. It may involve jury trials, bench trials or even a subsequent appeal to the Circuit Court....more

Knobbe Martens

Surgeon wins $20M jury verdict against DePuy Synthes for Infringement of Knee Prosthesis Patents

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Rasmussen Instruments, LLC (“Rasmussen”) won a $20M jury verdict against DePuy Synthes (“Depuy”), a part of Johnson & Johnson Medical Devices Companies. Rasmussen asserted Patent Nos. US 9,492,180 (‘180 patent) and US...more

Saiber LLC

District of New Jersey Denies Settling Parties’ Joint Request To Vacate Judgment Entered Following Jury Trial and Verdict

Saiber LLC on

In a recent opinion, the United States District Court for the District of New Jersey considered whether to grant a joint request by settling parties to vacate the Court’s Judgment stemming from a jury trial and verdict in...more

Troutman Pepper

How the Pandemic Is Shaping Patent Trials in District Courts

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This article explores the effect of the pandemic on patent trials. Early in the COVID-19 pandemic, rapidly shifting conditions, state and federal guidance, and many unknowns forced federal district courts to adapt their...more

Knobbe Martens

Federal Circuit Affirms $173 Million Award

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BAYER HEALTHCARE LLC v. BAXALTA INC. Before Newman, Linn, and Stoll. Appeal from the District of Delaware. Summary: In upholding a $173 million dollar award, the Federal Circuit permitted a damages expert to present a...more

McDermott Will & Emery

In West Texas, the Jury Will Return for a Federal Patent Trial

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In January, a second mandamus petition was unsuccessful in the US District Court for the Federal Circuit, notwithstanding its similarity to the first mandamus petition, which was successful. Thus, the stage was set for a...more

McDermott Will & Emery

The Jury Returns...Returns

Happy New Year! 2021 begins as 2020 ended: mostly without jury trials. Some are determined to change that, however, which brings us to the latest in the saga of Judge Alan Albright’s US District Court for the Western District...more

McDermott Will & Emery

The Latest on Judge Albright’s January Trial

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Readers will recall our coverage of Judge Alan Albright’s re-transfer of an Austin patent case to Waco so that the court could hold a jury trial in January as scheduled. In that case, the defendant has sought mandamus from...more

Schwabe, Williamson & Wyatt PC

SiOnyx LLC et al. v. Hamamatsu Photonics K.K. et al., Appeal Nos. 2019-2359, -1217 (Fed. Cir. Dec. 7, 2020)

In the only precedential patent opinion issued this week, the Federal Circuit determined multiple issues in cross-appeals from the district court’s disposition of post-trial motions following a jury trial. The dispute...more

McDermott Will & Emery

Waco to be the New Trial Hot Spot

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With Judge Gilstrap of the Eastern District of Texas finally cancelling his winter trials in the face of surging cases, attention turns to the Western District of Texas, which Judge Alan Albright is going in a different...more

Foley & Lardner LLP

Skinny Label Doesn’t Prevent Infringement Liability

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The Federal Circuit decision in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., is getting attention for potentially “endangering” the practice of skinny labelling. Indeed, the Federal Circuit held that Teva’s skinny...more

Knobbe Martens

Federal Court Allowed to Defer to State Court on Contract Dispute That Raised Patent Validity Questions

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WARSAW ORTHOPEDIC, INC., v. SASSO - Before Newman, Schall, and Wallach. Appeal from the United States District Court for the Northern District of Indiana. Summary: A federal court properly exercises its discretion to...more

Dunlap Bennett & Ludwig PLLC

Contour IP Holding, LLC v. GoPro, Inc.

On August 31, 2020, a U.S. District Court found that GoPro infringed two camera streaming patents from the action camera company, Contour, LLC. In the claim filed by Contour against GoPro, the company alleged infringement of...more

Haug Partners LLP

Federal Circuit Clarifies Prior Decision on Limiting Claim Preambles

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On August 3, 2020, in Bio-Rad Labs., Inc. v. 10X Genomics, Inc., the Federal Circuit clarified its decision in TomTom v. Adolph regarding limiting claim preambles, holding that the preamble of the claim at issue could not be...more

Fish & Richardson

How To Present a Persuasive Opening Statement in a Patent Jury Trial

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Introduction - Litigators have long understood that jurors’ opinions at the end of opening statements color, and correlate strongly with, how they interpret the evidence at trial. A 1940s study that assessed mock jurors at...more

Weintraub Tobin

Irreparable Harm For Permanent Injunction Supported By Lost Profits Award

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In f’real Foods, LLC et al v. Hamilton Beach Brands, Inc. et al, 1-16-cv-00041 (DDE 2020-07-16, Order) (Colm F. Connolly), plaintiffs freal Foods, LLC and Rich Products Corporation sued defendants Hamilton Beach Brands, Inc....more

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

PTAB Strategies and Insights - June 2020: Patent Owner's Delay in District Court Causes the PTAB to Reverse Course and Grant a...

The Board made a rare reversal of an institution decision – turning a denial of institution into trial in Sand Revolution v . Continental Intermodal Group-Trucking, IPR2019-01393, Paper 24 (PTAB June 16, 2020). The denial had...more

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

PTAB Strategies and Insights - June 2020

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Upholds a Jury Instruction on Willfulness Despite Erroneous Portions That May Have Improperly Steered the Jury...

A recent decision from the Federal Circuit highlights the critical role that particular words can play in a jury instruction, as well as the extreme care that litigants should take in scrutinizing and objecting to a trial...more

McDonnell Boehnen Hulbert & Berghoff LLP

HVLPO2, LLC v. Oxygen Frog, LLC (Fed. Cir. 2020)

Expert witness testimony is a frequent (almost ubiquitous) feature of patent litigation, if only because questions of the state of the art or the understanding of one having ordinary skill in the art are almost always at...more

Farella Braun + Martel LLP

Strategy Lessons From Wells Fargo Fintech Patent Litigation

United States Automobile Association (USAA) is a financial services company that provides insurance, banking, investment, and retirement products and services for members of the military and their families. On June 7, 2018,...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2020 #2

PATENT CASE OF THE WEEK - Eko Brands, LLC v. Adrian Rivera Maynez Enterprises, Inc., Appeal Nos. 2018-2215, et al. (Fed. Cir. Jan. 13, 2020) - In this appeal from the Western District of Washington, the Federal Circuit...more

Knobbe Martens

Safe Harbor Defense Under 35 U.S.C. §271(e)(1) Requires That the Accused Activity Is Solely for Uses Reasonably Related to...

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AMGEN INC. v. HOSPIRA, INC. Before Moore, Bryson, and Chen.  Appeal from the United States District Court for the District of Delaware. Summary: Biological engineering activity that would otherwise constitute patent...more

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