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Patent Litigation Contract Interpretation Appeals

Venable LLP

Federal Circuit Issues Rare En Banc Decision on Patent Damages

Venable LLP on

In the first en banc decision for a utility patent case since 2018, the Federal Circuit reversed a district court's denial of a new trial on damages in EcoFactor, Inc. v. Google LLC and held that EcoFactor's damages expert's...more

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

Federal Circuit in EcoFactor, Inc. v. Google LLC Probes the Limits for Gatekeeping Damages Testimony

Last week, in EcoFactor, Inc. v. Google LLC, the Federal Circuit issued its first en banc decision in a utility patent case in several years. The case involves the gatekeeping function of district courts vis-à-vis expert...more

Proskauer - The Patent Playbook

EcoFactor v. Google: The Federal Circuit Clarifies Damages Expert Admissibility

Admissibility standards for patent damages experts has come under scrutiny. Previously, we highlighted the EcoFactor v. Google case regarding Google’s petition for rehearing en banc to address the admissibility of EcoFactor’s...more

Knobbe Martens

Preliminary Injunction Denied Because of Failure to Draft Precise Terms That Capture the Intent of the Parties

Knobbe Martens on

TAKEDA PHARMACEUTICALS U.S.A., INC. V. MYLAN PHARMACEUTICALS INC. Before Prost, Newman, and Hughes. Appeal from the United States District Court for the District of Delaware - Summary: The scope of a contract term may...more

McDermott Will & Emery

Patent Sublicense Does Not Automatically Survive Termination of Principal License

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reversed a dismissal based on a license defense, explaining that it was improper to dismiss until the district court had interpreted the license agreement....more

Nutter McClennen & Fish LLP

Licensee Challenges Ruling that a Standard Language Forum Selection Clause Bars PTAB Proceedings 

In a case that could have a significant impact on the interpretation and drafting of patent licensing agreements, a patent licensee filed an appeal for an en banc proceeding at the Federal Circuit to challenge the court’s...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018) - In Berkheimer v. HP Inc., the Federal Circuit reviewed the District Court’s summary judgment finding that certain claims of a patent were invalid as...more

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