News & Analysis as of

Patent Invalidity Consent Order

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions: DBN Holding v. Int’l Trade Comm’n, 26 F.4th 1363...

This appeal marked the fourth Federal Circuit decision in a series of cases arising from BriarTek IP Inc.’s patents on two-way global satellite communication devices. BriarTek sought to enforce it patents against multiple...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

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

[Webinar] Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions - February 2nd, 1:00 pm - 2:00 pm EST

In conjunction with the release of the firm's year-in-review report, speakers will offer case summaries and analysis of the significant 2022 appellate rulings discussed in the report. Topics of the featured intellectual...more

McDermott Will & Emery

Patent Invalidity Doesn’t Demonstrate Good Faith for Consent Order Violation

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission (ITC) decision upholding a civil penalty for violating a consent order based on a patent that was later found to be invalid...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (February 28 - March 4): When Infringing An Invalid Patent Can Be Costly

The Federal Circuit kicked off a new week of oral arguments today. And this week it finishes its goodbyes to Judge O’Malley, who officially retires on Friday (March 11). Even so, the work must go on. Below we provide our...more

McGuireWoods LLP

ITC Upholds $6 Million Penalty for Consent Order Violations Based on Patent Claims Later Found Invalid

McGuireWoods LLP on

The International Trade Commission recently denied a request by an ITC respondent to rescind a $6 million penalty for violating a consent order based on patent claims later found invalid....more

McDermott Will & Emery

ITC May Reassess Civil Penalty Even If Asserted Claims Are Later Invalidated

McDermott Will & Emery on

Addressing a US International Trade Commission (ITC) decision refusing to reassess its imposition of a civil penalty for a violation of a consent order, the US Court of Appeals for the Federal Circuit held that its earlier...more

Jones Day

Civil contempt for violating an invalid patent? Maybe.

Jones Day on

We previously noted that the Commission does not believe it is required to vacate a civil penalty order just because the litigants settle a case. The Federal Circuit’s decision in DBN Holdings, Inc. v. ITC, No. 17-2128 (Fed....more

Morrison & Foerster LLP - MoFo@ITC

Certiorari Denied For $6.2 Million Consent Order Violation Based On a Patent Later Held Invalid

On November 28, 2016, the U.S. Supreme Court denied a writ of certiorari seeking appeal of the Federal Circuit’s decision to uphold the ITC’s imposition of a $6.2 million penalty against DBN, Inc. and BDN LLC (collectively,...more

King & Spalding

ITC Section 337 Update – August 2016

King & Spalding on

DeLorme Seeks Certiorari Review Of Consent Order Penalty Based On Expired Patent — On July 13, 2016, DBN Holding, Inc. and BDN LLC (“DeLorme”) filed a petition for writ of certiorari to review a judgment of the United States...more

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