News & Analysis as of

Patents Joint Infringement

Morrison & Foerster LLP

What Are the Top Hatch-Waxman and BPCIA Developments for August 2018?

This month we highlight a district court opinion from Judge Dyk, sitting by designation, denying a preliminary injunction in a brand-vs-brand litigation, and a lengthy district court opinion from Judge Bryson, sitting by...more

Goodwin

District of Massachusetts Adopts New Local Patent Rules to Streamline Patent Litigation

Goodwin on

On May 24, 2018, the District of Massachusetts overhauled the Court’s local patent rules in an effort to promote consistency across patent cases and to streamline patent litigation in the District. Local Rule 16.6, entitled...more

BakerHostetler

Federal Circuit Provides Guidance on Joint Infringement Standard

BakerHostetler on

In Travel Sentry, Inc. v. Tropp, Appeal No. 16-2386 (Fed. Cir. Dec. 19, 2017), the Federal Circuit clarified the scope of joint infringement under 35 U.S.C. § 271(a). Specifically, the court provided guidance on performing...more

McDermott Will & Emery

Iqbal/Twombly Pleading Standard Governs Joint Patent Infringement Claims

McDermott Will & Emery on

Addressing the pleading standard under which a joint patent infringement claim must be reviewed, the US Court of Appeals for the Federal Circuit affirmed the dismissal of a complaint of patent infringement, finding that the...more

Fish & Richardson

Federal Circuit Affirms the Dismissal of a Complaint That Insufficiently Pleaded Joint Infringement

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The Federal Circuit addressed the sufficiency of pleading infringement for the first time after the abrogation of Form 18 last year, in the decision Lyda v. CBS Corp., No. 2015-1923 (Fed. Cir. Sept. 30, 2016). The Court...more

Mintz - Intellectual Property Viewpoints

Pleading Standard Defined– CAFC Holds that Joint Infringement Complaint Requires Identification of All Required Claim Steps

Plaintiffs bringing patent infringement complaints under the Iqbal/Twombly pleading standard should take notice. On September 30, 2016, a panel of the Federal Circuit affirmed a district court’s dismissal of a deficient...more

Fish & Richardson

Supreme Court Denies Petition to Review Expanded Theory of Joint Infringement

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On Monday the Supreme Court denied certiorari in Limelight Networks Inc. v. Akamai Technologies Inc. et al, Case No. 15-993. Limelight had petitioned the Court in January, urging for review of the Federal Circuit’s en banc...more

King & Spalding

ITC Section 337 Update – September 2015

King & Spalding on

Judge MaryJoan McNamara Appointed New Administrative Law Judge at U.S. International Trade Commission – On August 17, 2015, the ITC issued a news release announcing that Judge MaryJoan McNamara has been appointed as an ALJ....more

Kelley Drye & Warren LLP

En banc Federal Circuit broadens multiple-actor direct infringement (Akamai v. Limelight)

Today, the Federal Circuit sitting en banc changed direction again on § 271(a) direct infringement and ruled that Limelight was liable for direct infringement based on substantial evidence supporting the jury verdict of...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Delivers En Banc Opinion in Akamai v. Limelight

The Federal Circuit handed down a unanimous en banc decision today regarding the interplay between literal infringement and induced infringement in Akamai Technologies Inc. v. Limelight Networks, Inc. On remand from a...more

King & Spalding

ITC Section 337 Update - May 2015 #2

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Federal Circuit Reverses Commission Determination Of Domestic Industry Economic Prong – On May 11, 2015, the Federal Circuit issued an Opinion in Lelo Inc. v. Int’l Trade Comm’n, 2013-1582 (Fed. Cir. 2015), reversing the...more

Morris James LLP

Dismissal For Failure To State A Claim For Joint Infringement Is Recommended

Morris James LLP on

Thynge, C.M. J. . Report and recommendation that defendants’ motion to dismiss for failure to state a claim of joint infringement be granted. The disputed technology relates to multicasting method and apparatus and...more

Foley & Lardner LLP

The Importance of Contracts for Joint Infringement in Patent Cases

Foley & Lardner LLP on

It has been about a year since the Supreme Court rendered its decision in Limelight v. Akamai regarding induced infringement for methods performed by two or more actors. “At that time, commentators predicted that attention...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - May 2015 #3

FEDERAL CIRCUIT CASES - Federal Circuit Reverses Summary Judgment of Noninfringement Under § 271(e)(1) for Consideration of Certain Post-FDA-Submission Activities, But Expresses Skepticism About Infringement - ...more

King & Spalding

ITC Section 337 Update – August 2014

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Fifth Annual "Live at the ITC" – On July 30, 2014, the Fifth Annual Forum on Section 337 and Other Developments at the U.S. International Trade Commission, entitled Live at the ITC, was co-sponsored by the ABA-IPL...more

King & Spalding

Intellectual Property Newsletter - March 2013

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*News from the Bench: - First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad. - Dissenting Federal Circuit Judges Abide By The Akamai Standard. - More On Joint Infringement and The Akamai...more

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