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Motion to Dismiss Patent Litigation Jurisdiction

Patterson Belknap Webb & Tyler LLP

Not a Repeat Offender: Magistrate Judge Bloom Declines to Sanction “Ernest” Pro Se Plaintiff for Re-filing Dismissed Case in a...

On April 4, 2025, Magistrate Judge Lois Bloom (E.D.N.Y.) declined to sanction a pro se plaintiff for failing to conduct an adequate pre-suit investigation of whether his patent was infringed. Plaintiff initially filed a...more

Baker Botts L.L.P.

Use of Amazon Warehouses for Distribution Alone Won't Establish Patent Venue, Court Rules

Baker Botts L.L.P. on

Key Takeaway: Just as over a million businesses use Amazon web servers, many independent sellers also use Amazon warehouses to store their inventory. More than 60% of sales in the Amazon store come from independent sellers,...more

Patterson Belknap Webb & Tyler LLP

To Threat or Not to Threat, That is the DJ Question: Judge Rakoff Dismisses DJ Action and Finds the Court Does Not Have...

On April 1, 2025, United States District Judge Jed S. Rakoff granted Defendants Marut Enterprises LLC and Brett Marut’s (collectively, “Defendants”) motion to dismiss and entered final judgment against Foto Electric Supply...more

Akin Gump Strauss Hauer & Feld LLP

Plaintiff’s Declaratory Action Not Anticipatory Litigation Due to Patentee’s Delayed Response to Licensing Request

The Central District of California denied a defendant’s motion to dismiss or transfer plaintiff’s first-filed declaratory judgement action based on defendant’s later-filed patent infringement suit in Wisconsin. Though suit...more

Patterson Belknap Webb & Tyler LLP

All Shimmer and No Shine: Magistrate Judge Willis Recommends Granting Motion to Dismiss for Lack of Personal Jurisdiction and...

Recently, Magistrate Judge Jennifer E. Willis issued a Report and Recommendation recommending that defendant’s motion to dismiss pro se plaintiff Andrew Walker, Jr.’s (“Walker”) Second Amended Complaint be granted for lack of...more

McDermott Will & Emery

Testing Negative: Collateral Order Doctrine Precludes Appellate Jurisdiction

McDermott Will & Emery on

Addressing appellate jurisdiction in view of the collateral order doctrine, the US Court of Appeals for the Federal Circuit dismissed an appeal of a district court’s ruling denying a motion to dismiss because the district...more

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

MarkIt to Market® - March 2021

The March 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fair use cases for photographs and three recent developments in the cannabis space. We also highlight recent accolades earned by Sterne Kessler's...more

McDonnell Boehnen Hulbert & Berghoff LLP

University of Utah v. Max-Planck-Gesellschaft Zur Foerderung der Wissenschatfen E.V. (Fed. Cir. 2017)

Despite the Supreme Court's admonition, in Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Mgmt. Sys., Inc., that attorney's fees and other measures of enhanced damages be granted, in a...more

McDermott Will & Emery

ANDA Update - October 2015

McDermott Will & Emery on

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

McDonnell Boehnen Hulbert & Berghoff LLP

University of Utah v. Max-Planck-Gesellschaft zur Forderung der Wiessenschaften e.V et al. (Fed. Cir. 2013) Hidden Field

The Federal Circuit, in a split decision, affirmed denial of motions to dismiss on jurisdictional grounds and Federal Court joinder rules in University of Utah v. Max-Planck-Gesellschaft zur Forderung der Wiessenschaften e.V...more

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