This case addresses the application of issue preclusion in scenarios where two closely related cases allege patent infringement against different versions of the same technology. Specifically, this case discusses whether a...more
In a joint appeal of two adverse decisions from the District Court, the Federal Circuit on procedural grounds rejected an appeal from the Wisconsin Alumni Research Foundation ("WARF") in Wisconsin Alumni Research Foundation...more
Wisconsin Alumni Research Foundation v. Apple Inc., Appeal Nos. 2022-1884, -1886 (Fed. Cir. Aug. 28, 2024) In its only precedential patent decision last week, the Federal Circuit brought to a close a long-running dispute...more
Late last year, the Federal Circuit affirmed an award of over $5 million in attorneys’ fees in favor of the defendants in PersonalWeb v. Patreon. In addressing the propriety of the award, the Federal Circuit also took the...more
In a split decision, the US Court of Appeals for the Federal Circuit affirmed a district court’s award of more than $5 million in attorneys’ fees, finding that the district court did not abuse its discretion in finding the...more
On December 15, 2021, the Second Department issued an opinion in the case of Bank of America v. Kessler that considered the strict application of RPAPL 1304. The Court noted that the statute specifically provides that “[t]he...more
Non-Infringement Need Not Be “Actually Litigated” To Shield Accused Products From Infringement Liability In Subsequent Actions - In In Re Personal Web Technologies LLC, Appeal No. 19-1918, the Federal Circuit ruled that the...more
269-1. Federal Circuit Confirms Amazon’s Customers are Protected from Lawsuit via the Kessler Doctrine, Despite the Previous Case being Voluntarily Dismissed with Prejudice. ...more
Last week, the Federal Circuit invoked the Kessler doctrine in ruling that a district court’s dismissal of the plaintiff’s patent infringement suit against Amazon barred the plaintiff’s subsequent lawsuits against Amazon and...more
In Re Personal Web Technologies LLC - Before Wallach, Bryson, and Taranto. Appeal from the United States District Court for the Northern District of California. Summary: The Kessler doctrine is not limited to cases...more
By Memorandum Opinion entered by The Honorable Richard G. Andrews in Viatech Technologies, Inc. v. Microsoft Corp., Civil Action No. 17-570-RGA (D.Del. July 18, 2019), the Court granted Defendant’s motion to dismiss in part...more
PATENT CASE OF THE WEEK - SimpleAir, Inc. v. Google LLC, Appeal No. 2016-2738 (Fed. Cir. 2018) - In SimpleAir, Inc. v Google LLC, the Federal Circuit vacated a district court’s motion to dismiss pursuant to Rule...more
SUPREME AND FEDERAL COURT CASES - U.S. Supreme Court Denies Writ to Overturn Application of the Kessler Doctrine - The U.S. Supreme Court denied software developer’s SpeedTrack writ to overturn the Federal...more
In a decision that expands a customer’s right to defend itself under the Kessler doctrine, the Federal Circuit clarified that a customer is not subject to liability for a product that has already been cleared of patent...more
Brain Life, LLC v. Elekta Inc. - Addressing the Kessler Doctrine, the U.S. Court of Appeals for the Federal Circuit affirmed-in-part, vacated-in-part and remanded a district court’s summary judgment barring assertion...more