News & Analysis as of

Patent Litigation Commercial Bankruptcy

McDermott Will & Emery

Old Dawg, Still the Same Tricks: Bankruptcy Asset Successor is Also Inter Partes Re-Exam Successor

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The US Court of Appeals for the Federal Circuit issued a modified opinion correcting certain facts relating to a decision in which it originally concluded that because a plaintiff was a successor in bankruptcy, it was a...more

Robins Kaplan LLP

Financial Daily Dose 5.4.2020 | Top Story: J.Crew Files for Bankruptcy Protection

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J.Crew filed for bankruptcy protection; the company’s lenders have agreed to “convert $1.65 billion . . . into equity.” Neiman Marcus Group Inc. and J.C. Penney are also on the bankruptcy path, already entering talks with...more

Harris Beach PLLC

Patent Infringement: Successful Litigation Stays the "Course"

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What happens when your competitors infringe your patent for golf equipment – then declare bankruptcy to avoid paying up? In this episode, Harris Beach intellectual property (IP) attorneys share the story behind the $12...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Holds Ambiguity in License Terms Precludes Dismissal on the Pleadings

Although a valid license can provide a complete defense to patent infringement, the tangled web created when the defense is predicated on a sublicensee’s rights following bankruptcy of the sublicensor may preclude resolution...more

Bradley Arant Boult Cummings LLP

Federal Circuit Says Motion to Dismiss Stage Too Early to Use Patent License Defense - Intellectual Property News

Last week, the Federal Circuit revived a patent infringement suit brought by Fraunhofer-Gesellschaft zur Forderung der angewandten Forschung E.V. against Sirius XM Radio Inc. in the District of Delaware when it vacated the...more

International Lawyers Network

TOP-10 IP Disputes in 2018

CATEGORY: Trademarks - CASE: Sony vs. PAG - DETAILS: Resolution of the Constitutional Court No. 8-P dated 13 February 2018 - SUMMARY: Unlike the counterfeit, the original (grey) product cannot be destroyed under the...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

Dechert LLP

Fourth Circuit Affirms Application of Section 365(n) to Ensure Patent Licensees Sufficiently Protected in Granting Relief to...

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The Court of Appeals for the Fourth Circuit, in Jaffe v. Samsung Elecs. Co., Ltd., recently held that a U.S. bankruptcy court is not required under principles of comity to blindly apply foreign law to assets located in the...more

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