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Patent Infringement Patent Litigation Non-Practicing Entities

Venable LLP

Spotlight On: Biosimilar Litigations - May 2025

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Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as...more

Seyfarth Shaw LLP

NPE Showcase – VirnetX

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VirnetX is a classic example of an NPE that does not qualify as a “patent troll.” How can you tell? Patent trolls leverage the litigation system to negotiate settlements for less than the cost of defending against a lawsuit....more

Seyfarth Shaw LLP

NPE Showcase – Web 2.0 Technologies, LLC

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This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on a company named Web 2.0 Technologies, LLC....more

Seyfarth Shaw LLP

NPE Showcase: NPE Litigation in 2023 – What to Expect

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This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on NPE litigation as a whole, and what to...more

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?

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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

Womble Bond Dickinson

Delaware Court Denies Motion to Dismiss NPE’s Direct Infringement Claims Despite Sparse Allegations

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The number of Non-Practicing Entities (NPE) cases has increased in Delaware by almost 10% over the last year. If you or a client finds yourself the target of an NPE patent litigation suit, the next question is usually what...more

Womble Bond Dickinson

[Webinar] Don’t Feed the Trolls: How and When to Respond to Patent Demand Letters - January 11th, 12:00 pm - 1:00 pm EST

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A number of small providers are receiving patent demand letters with a settlement or licensing offer to avoid litigation. How should you respond? Should you respond? Many of these letters are a typical part of the playbook of...more

Mintz - Intellectual Property Viewpoints

Too little, too late: Federal Circuit holds that cessation of sales does not alleviate patentee’s affirmative duty to mark

In a February 19, 2020 decision the Federal Circuit held that a patentee does not escape 35 U.S.C. § 287’s marking requirement merely by ceasing sales of the practicing product. Instead, the Federal Circuit held that once a...more

Shook, Hardy & Bacon L.L.P.

Open Source Software Remains a Target as GNOME Foundation Hit with Patent Infringement Lawsuit

In a move that evidences an emerging pattern, Rothschild Patent Imaging LLC, a non-practicing entity (“NPE”), has filed a complaint asserting patent infringement against the open source software organization, the GNOME...more

Shook, Hardy & Bacon L.L.P.

Patent Troll Akoloutheo Sues Oracle in Latest Chapter of its Cloud Software and IoT Patent Litigation Campaign

In its latest filing in February 2019, non-practicing entity Akoloutheo, LLC has expanded its Eastern District of Texas patent litigation campaign to include Oracle. Akoloutheo accuses the Oracle Analytics Cloud, Oracle...more

Shook, Hardy & Bacon L.L.P.

Your Card’s Been Declined: Patent Troll Vindolor Continues its Year-Long Point-of-Sale Patent Litigation Campaign against Three...

With three new filings in February 2019 against household names like Macy’s, Best Buy, and Lululemon, Vindolor, LLC—a non-practicing entity—has expanded its contactless “tap-to-pay” point-of-sale patent litigation assault to...more

Smart & Biggar

Year-end Round-up: Notable Canadian Patent Cases of 2018

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Earlier this month we published an exhaustive review of the life sciences and regulatory cases in the Canadian courts, and decisions on the merits for the year are summarized in our in our Rx IP Update 2018 Highlights in...more

Polsinelli

Federal Circuit Holds that Demand Letters May Create Jurisdiction and Venue In the Location where the Demand Letter is Sent

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KANSAS CITY, Mo. On Dec. 7, 2018, the Federal Circuit issued a decision in Jack Henry & Associates, Inc. v. Plano Encryption Technologies, case number 16-2700, holding that non-practicing entities (companies whose only...more

Shook, Hardy & Bacon L.L.P.

Cloud Computing Patent Litigation Trends – Competitor Cases, Open Source Targets, Cloud Customers

Since launching Cloud IPQ last year, we have focused on the intersection of cloud computing and intellectual property with a particular emphasis on the increasing number of patent lawsuits filed against cloud computing...more

Orrick, Herrington & Sutcliffe LLP

For Fate Of IPR Use, We Can Look To Dr. Seuss

My first presentation about the creation of inter partes review was to a group of Stanford students in 2011. In that presentation, to the amusement of the class, I analogized IPRs to Dr. Seuss’ classic 1961 children’s book...more

Hogan Lovells

Hogan Lovells: ITC Section 337 Quarterly Highlights

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Will the 100 Day single issue program live up to its promise? When the ITC first ordered a Judge to take evidence on a single issue to determine if the issue was case dispositive, the year was 2013. After the order, the...more

Holland & Knight LLP

Patent Invalidation Paves the Way for Automated Fare Collection Systems

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Next generation automated fare collection systems (AFC) typically characterized by open architecture designs, open payment approaches, and contactless card readers, are being installed in an increasing number of public...more

Shook, Hardy & Bacon L.L.P.

GEMSA’s Patent Onslaught Against Cloud Computing Customers

Global Equity Management (SA) Pty. Ltd. (“GEMSA”), a foreign non-practicing entity (“NPE”) organized under the laws of Australia, filed almost 40 patent lawsuits in five batches in 2015 and 2016. The majority of these...more

Shook, Hardy & Bacon L.L.P.

Sling TV Sued on Use of H.264 Standard in Streaming Media Services

While much of the attention on NPE patent litigation centers on the big technology players like Google and Apple, literally hundreds of other technology companies face these lawsuits, and more and more of that litigation...more

Dorsey & Whitney LLP

TC Heartland: The End of an Era in Patent Litigation

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On Monday, May 22, the Supreme Court reached a unanimous decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, overruling the Federal Circuit’s interpretation of the patent venue statute, 28 U.S.C. § 1400(b), and...more

Williams Mullen

Back to the Future: Supreme Court Narrows Patent Venue in TC Heartland Case and Returns Dispute to State of Incorporation or Where...

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The Supreme Court on Monday substantially narrowed the district court venues available to patent owners seeking to sue for infringement. In TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017), the Supreme...more

Lathrop GPM

Supreme Court Decision Limits Venue Statute in Patent Litigation

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On May 22, 2017, in a highly-anticipated decision that could dramatically alter the landscape of patent litigation, the United States Supreme Court held that the “resides” prong of the patent venue statute, 28 U.S.C....more

Eversheds Sutherland (US) LLP

The Supreme Court Narrows Forum Shopping in Patent Infringement Cases Against Domestic Companies in TC Heartland v. Kraft Food...

On May 22, 2017, the US Supreme Court unanimously rejected prior case law allowing patent holders to rely on the general venue statute, 28 U.S.C. § 1391(c), to file suit where a domestic defendant makes sales. TC Heartland,...more

BCLP

SCOTUS Messed with Texas: Supreme Court Limits Venue in Patent Cases

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Yesterday, the U.S. Supreme Court re-defined the scope of venue in patent cases in TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017). Under the Supreme Court’s ruling, venue in patent cases will now be...more

Miller Canfield

BREAKING: High Court Limits Where Patent Suits Can Be Filed

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The U.S. Supreme Court just shook up the patent world with its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC. For nearly 30 years, companies accused of patent infringement could be sued in nearly any place they...more

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