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Patent Infringement Patents Indirect Infringement

A&O Shearman

Indirect patent infringement before the UPC: limits that manufacturers must observe in advertising and product instructions

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Ortovox Sportartikel GmbH v. Mammut Sports Group AG/GmbH (UPC_CFI_16/2024), Düsseldorf Local Division (January 14, 2025) ORD_63219/2024. Anyone developing or marketing an innovative product will want to ensure that they do...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: June 2024

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Universal Connectivity Tech. Inc. v. Dell Tech. Inc., 1-23-cv-01506 (W.D. Tex.), Dkt. No. 34, Report and Recommendation of Magistrate Judge Susan Hightower to Judge Pitman - A magistrate judge recommended denying...more

Fish & Richardson

ITC Monthly Wrap-Up: May 2023

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In May, there were two new complaints filed at the U.S. International Trade Commission, including complaints filed by Efficient Power Conversion Corp. (Semiconductor Devices and Products Containing the Same) and Shoals...more

Procopio, Cory, Hargreaves & Savitch LLP

Is Receipt of a Complaint Sufficient Notice For Claims of Indirect or Willful Infringement?

Forum shopping among patent owners pursuing claims for patent infringement is widespread. One factor a plaintiff may consider in selecting a forum arises out of a split among district courts that the Federal Circuit has yet...more

Akin Gump Strauss Hauer & Feld LLP

Overlooked Patent Cases: Indirect Infringement Developments

Allegations of indirect patent infringement require, among other things, pleading that the defendant had knowledge of the asserted patent. It is not well-settled law, however, whether notice of a complaint itself satisfies...more

Akin Gump Strauss Hauer & Feld LLP

Sufficiently Pleading Claims of Indirect and Willful Infringement: Alleging that Defendant Generally Monitored Competitors’...

The U.S. District Court for the District of Delaware recently rejected a plaintiff’s attempt to add to its complaint claims of induced infringement and enhanced damages based on pre-suit conduct. Specifically, the court held...more

Fox Rothschild LLP

Judge Connolly Dismisses Plaintiff’s Claims Seeking Declaratory Judgment Of Non-Infringement For Failure To Establish Declaratory...

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By Memorandum Opinion entered by The Honorable Colm F. Connolly in Power Integrations, Inc. v. CogniPower LLC, Civil Action No. 20-15-CFC (D.Del. July 1, 2020), the Court granted Defendant’s motion to dismiss counts 3, 4, and...more

Morgan Lewis

Federal Circuit: ‘Consisting Essentially of’ Risks Indefiniteness and No Intent from ANDA Label’s Permissive Use

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A split Federal Circuit panel recently upheld the district court’s judgment of invalidity and noninfringement because the phrase “consisting essentially of” rendered the asserted claims indefinite and the proposed ANDA label...more

Orrick, Herrington & Sutcliffe LLP

Intellectual Property - Patents - The World in U.S. Courts: Summer 2019

Direct and Indirect Infringement Claims Allowed to Proceed Against Japanese Parent that Neither Imported nor Sold Allegedly Infringing Cellphones in the US - Semcon IP Inc. v. Kyocera Corp., US District Court for the...more

McDermott Will & Emery

Appellate Court Generates Patent Treatise in Car-Tracking Patent Case

Addressing the appeal of a judgment that four US patents were infringed and not invalid, the US Court of Appeals for the Federal Circuit: • Found waiver regarding a claim construction issue • Found direct infringement...more

Ladas & Parry LLP

UK Supreme Court Decision In Actavis V. Eli Lilly – Doctrine Of Equivalents Recognized

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In its decision of July 12, 2017 in Actavis v. Eli Lilly, the Supreme Court of the United Kingdom for the first time formally adopted the concept of a doctrine of equivalents when considering what constituted an infringement...more

Harris Beach Murtha PLLC

Patent Infringement Claims Simply Require Alleging Facts Stating a Plausible Claim

The United States Court of Appeals for the Federal Circuit (“Federal Circuit”) addressed the pleading standards for direct infringement, doctrine of equivalents infringement, indirect infringement and willful infringement in...more

Mintz - Intellectual Property Viewpoints

Potential Future Harm to Patent Holder Found to Justify Imposition of Preliminary Injunction

In Vecco Instruments Inc. v. SGL Carbon, LLC, No. 17-CV-2217 (E.D.N.Y. Nov. 2, 2017), Judge Pamela Chen in the Eastern District of New York recently granted Vecco’s motion for a preliminary injunction enjoining SGL Carbon....more

McDermott Will & Emery

Airtight Victory for RV Seal Supplier in Appeal to Overturn Dismissal

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The US Court of Appeals for the Federal Circuit reversed a district court’s dismissal of direct and indirect infringement claims, finding that plaintiff had properly alleged direct infringement even though defendant did not...more

Schwabe, Williamson & Wyatt PC

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Akin Gump Strauss Hauer & Feld LLP

Comcast Prevails in Part on Striking OpenTV Infringement Contentions

On June 19, 2017, Northern District of California Judge William Alsup granted-in-part and denied-in-part plaintiff Comcast Cable Communications, LLC’s (“Comcast”) motion to strike defendants OpenTV, Inc. and Nagravision SA’s...more

Jones Day

Is A Respondent’s Own Post-Importation Infringement A Violation Of Section 337?

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Before 2011, the ITC routinely found violations of Section 337 based on the infringement of method claims through a respondent’s own use of an article post-importation. This changed when the ITC issued its Opinion in Certain...more

Proskauer - New England IP Blog

Rampage’s Patent Suit Inks a Partial Victory in Surviving Motion to Dismiss

Judge Allison Burroughs of the District of Massachusetts recently issued a decision that provides much-needed insight into pleading standards in patent cases. With the demise of Form 18 of the Federal Rules of Civil...more

McDermott Will & Emery

On Appeal, Infringement Ruling Gets the Jitters

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Addressing multiple issues in the long-running litigation between competing power supply controller chip companies, the US Court of Appeals for the Federal Circuit affirmed in part, reversed in part and vacated in part the...more

McDermott Will & Emery

ANDA Update - Volume 2, Number 3

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On-Sale Bar Is No Bar for Selling Manufacturing Services to the Inventor - Addressing what constitutes an invalidating “sale” under § 102(b), the US Court of Appeals for the Federal Circuit sitting en banc affirmed the...more

McDermott Will & Emery

Default Sanction for Discovery Violations Was Abuse of Discretion

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Highlighting the significance of procedure, discovery disputes and the limits of judicial discretion, the US Court of Appeals for the Federal Circuit affirmed the district court’s denial of a motion to dismiss for lack of...more

McDermott Will & Emery

Indirect Infringement Not Overcome by Objective Strength of Non-Infringement Case

Addressing indirect infringement and claim construction issues, the US Court of Appeals for the Federal Circuit reversed the district court on three of the four patents at issue, finding that it applied the wrong standard for...more

McDermott Will & Emery

Indirect Patent Infringement Can Be Based on Willful Blindness and Circumstantial Evidence

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In a case remanded by the Supreme Court of the United States “for further consideration in light of Commil” (IP Update, Vol. 18, No. 6), the US Court of Appeals for the Federal Circuit reinstated its prior decision of...more

Morris James LLP

Summary Judgment Is Granted With Respect To Certain Damages Claims

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Andrews, J. Defendants’ motion for summary judgment regarding damages is granted; their motions regarding invalidity and non-infringement are denied. Oral argument took place on October 15, 2015....more

McDermott Will & Emery

Wrong Defendant, Wrong Court: Plaintiff Wrongly Targets Government Contractors Instead of U.S. Government - Astornet Technologies...

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In a case addressing whether a patent holder can sue government contractors in district court, the U.S. Court of Appeals for the Federal Circuit upheld the dismissal of Astornet’s claims against three government contractors...more

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