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Patent-in-Suit IP License

Fish & Richardson

Marking and Pre-Suit Damages: What Happens when a Failure to Mark Is Followed by a Period of Compliance with the Marking Statute?

Fish & Richardson on

A question that arises with some frequency in modern patent infringement cases is: Can pre-suit damages be recovered for a time period when the patentee (and any licensee) was in compliance with the marking statute when there...more

Knobbe Martens

Notice Letters and Communications May Form a Basis for Personal Jurisdiction

Knobbe Martens on

APPLE INC. v. ZIPIT WIRELESS, INC. [OPINION]- PRECEDENTIAL - Before Hughes, Mayer and Stoll.  Appeal from the United States District Court for the Northern District of California. Summary: Notice letters and related...more

Haug Partners LLP

Threshold Issues, Misdirected Lawyering, and a Frustrated Federal Circuit

Haug Partners LLP on

The Federal Circuit, in an opinion by Judge O’Malley, did not hold back in expressing its displeasure in being asked to resolve a claim construction dispute in AntennaSys, Inc., v. AQYR Technologies, Inc. and Windmill...more

Haug Partners LLP

Takeda Defeats Motion to Dismiss Patent and Contract Claims

Haug Partners LLP on

On September 9, 2020, Judge Richard G. Andrews of the United States District Court for the District of Delaware ruled in favor of Takeda Pharmaceuticals U.S.A., Inc. in the case Takeda Pharmaceuticals U.S.A., Inc. v. Mylan...more

Proskauer - Minding Your Business

Federal Circuit Issues a Splintered Ruling on the Eleventh Amendment Immunity and Rule 19 Joinder Analysis

On July 24, 2020, a panel of the Court of Appeals for the Federal Circuit issued splintered precedential opinions surrounding the interplay of state sovereign immunity under the Eleventh Amendment and required joinder of...more

Troutman Pepper

Federal Circuit Review - Issue 273

Troutman Pepper on

273-1 Federal Circuit Holds University of Texas is Immune from Involuntary Joiner, Holds Case against Potential Infringer may Proceed in School’s Absence - The Federal Circuit recently affirmed-in-part, reversed-in-part,...more

Patterson Belknap Webb & Tyler LLP

PTAB Holds Indian Tribes Don’t Offer an Out from IPR

In a highly anticipated decision on the Saint Regis Mohawk Tribe’s motion to terminate inter partes review proceedings, the Patent Trial and Appeal Board rejected tribal sovereign immunity to IPRs. The PTAB’s decision also...more

Troutman Pepper

Allergan’s Mohawk Gambit May Be Doomed – PTAB Rethinks the Scope of Sovereign Immunity

Troutman Pepper on

A few months ago, the Irish drug company Allergan moved to shield its key patents on its dry-eye drug Restasis from challenge at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent Office by assigning these patents to...more

Knobbe Martens

Arctic Cat Inc. v. Bombardier Recreational Products Inc.

Knobbe Martens on

Federal Circuit Summaries - Before Moore, Plager, and Stoll. Appeal from the United States District Court for the Southern District of Florida. Summary: In challenging compliance with the marking requirement of §...more

Proskauer - New England IP Blog

Privilege Claims Validated in Counterfeit Detection Dispute

In a recent decision, Magistrate Judge Kelley addressed the legitimacy of withholding third party communications under the common interest doctrine. The case involved plaintiff Crane Security Technologies, Inc. (“Crane”) –...more

McDermott Will & Emery

To Confer Standing, Assignment Must Transfer Entire Exclusive Right

Addressing the issue of standing, the US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a patent case brought by an exclusive licensee, finding that the original assignee had not transferred...more

Mintz - Intellectual Property Viewpoints

In Daubert Ruling Excluding Both Parties’ Damages Experts, Judge Andrews Rejects FRAND Portfolio Rate as Ceiling on Reasonable...

On February 25, 2016, Judge Richard Andrews granted the parties’ cross-motions to exclude both sides’ damages experts in M2M Solutions LLC v. Motorola Solutions, Inc., C.A. No. 12-33-RGA, Dkt. Nos. 295 and 296 (D. Del. Feb....more

Morris James LLP

Defendants Do Not Infringe Due To License Agreement

Morris James LLP on

The disputed technology relates to a method for two-way interactivity between the cable office and the cable set top box. Plaintiff entered into an agreement with a patent aggregator RPX and its members to license the...more

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