News & Analysis as of

Patent Ownership Summary Judgment

McDermott Will & Emery

Equivalence Requires Element-by-Element Proof With Linking Argument

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court determination that a patent owner had not provided the “particularized testimony and linking argument” required to demonstrate equivalence under the...more

Knobbe Martens

Federal Circuit Review | May 2024

Knobbe Martens on

Infringement Judgement is Only Final when there’s Nothing Left to Do but Execute - In Packet Intelligence LLC v. Netscout Systems, Inc., Appeal No. 22-2064, the Federal Circuit held that an infringement judgment is only...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Affirms Summary Judgment in Precedential Opinion on Patent Claims Directed to Targeting Advertisements as...

The Federal Circuit recently affirmed summary judgment that patent claims directed to identifying advertisements based on search results are patent ineligible subject matter under 35 U.S.C. § 101. The court found that...more

McDermott Will & Emery

Challenging Inventorship on Summary Judgment? Put a Cap on It

The US Court of Appeals for the Federal Circuit, citing a dispute as to material facts, held that a factfinder could reasonably conclude that an alleged joint inventor failed to sufficiently contribute to inventing the...more

Morrison & Foerster LLP

Plaintiffs Beware: Is the Defendant a Co-Owner of the Asserted Patent?

In a recent summary judgment order involving patent ownership, District Judge William H. Orrick found that the defendant could not infringe the patent at issue because the defendant co-owns the patent. The plaintiffs, the...more

Dechert LLP

Federal Circuit Panel Describes the Doctrine of Equivalents as Applying “Only in Exceptional Cases”

Dechert LLP on

In a patent owner’s declaratory judgment action under the Biologics Price Competition and Innovation Act (“BPCIA”) a Federal Circuit panel in Amgen Inc. v. Sandoz Inc., Appeal No. 2018-1551 (Fed. Cir. May 8, 2019) narrowly...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2018 #2

PATENT CASE OF THE WEEK - Worlds Inc. v. Bungie, Inc., Appeal Nos. 2017-1481, -1546, -1583 (Fed. Cir. Sept. 7, 2018) In appeals from three inter partes reviews, the Federal Circuit vacated the PTAB’s decision...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - Droplets, Inc. v. E*TRADE Bank., Appeal No. 2016-2504 (Fed. Cir. 2018)?- In an appeal from an inter partes review, the Federal Circuit affirmed a decision by the PTAB invalidating a patent...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

Schwabe, Williamson & Wyatt PC

2017 and Early 2018 Supreme Court and Precedential Patent Cases From the Federal Circuit

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

IP Newsflash - October 2015 #2

FEDERAL CIRCUIT CASES - Federal Circuit Reversed a District Court’s Grant of Summary Judgment for Lack of Standing in an Inventorship Dispute - On October 2, 2015, the Federal Circuit reversed a district court’s...more

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