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Patents New Trial

McDermott Will & Emery

One Claim Construction Error Is Enough to Trigger New Trial on Infringement

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The US Court of Appeals for the Federal Circuit re-affirmed that incorrect construction of even a single claim element can be grounds for a new trial on infringement. Network-1 Technologies, Inc. v. Hewlett-Packard Company,...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2019 #2

PATENT CASE OF THE WEEK - WesternGeco LLC v. Ion Geophysical Corp., Appeal Nos. 2013-1527, 2014-1121, -1526, -1528 (Fed. Cir. Jan. 11, 2019) - In the continuing saga between WesternGeco and ION Geophysical, a Federal...more

McDermott Will & Emery

Reversal of Narrow Claim Construction Results in Satisfaction of Claim Element (Avid Technologies, Inc. v. Harmonic, Inc.)

Addressing the standard to establish a “clear and unmistakable” disclaimer of claim scope during prosecution, the U.S. Court of Appeals for the Federal Circuit reversed the district court’s narrow claim construction and...more

McDermott Will & Emery

Multiplying Claim Requirements After Trial Makes Things Impermissibly Complex (Wi-LAN, Inc. v. Apple, Inc.)

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After a jury found non-infringement and invalidity of two asserted patent claims, the U.S. Court of Appeals for the Federal Circuit affirmed the district court’s denial of the patent owner’s judgment as a matter of law (JMOL)...more

Morris James LLP

Retrial Is Granted In HVAC Patent Dispute

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Robinson, J. Plaintiff’s motion for permanent injunction is moot. Defendants’ post-trial motions are granted in part and denied in part. The disputed technology relates to self-configuring controls for HVAC systems. The...more

McDermott Will & Emery

Design Patentees Are Entitled to Infringers’ Unapportioned Total Profits - Nordock, Inc. v. Systems Inc.

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In an opinion addressing the proper measure of damages for design patent infringement, the U.S. Court of Appeals for the Federal Circuit vacated and remanded a district court’s order denying a motion for a new trial on...more

McDermott Will & Emery

ANDA Update - October 2015

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Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

Morris James LLP

Post-Trial Relief Is Denied Except For The Calculation Of Pre-Judgment Interest

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The disputed technology relates to using internet technology to route calls through a network. A 6-day jury trial took place in October 2014 resulting in a jury verdict for plaintiff. The court finds there was sufficient...more

Morris James LLP

Post-Trial JMOL And New Trial Motions Are Granted In Part

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Robinson, J. Defendant’s JMOL and new trial motions regarding the ‘081 and ‘686 patents is denied. Its JMOL and new trial motion relating to the second trial is granted in part and denied in part. Plaintiff’s JMOL motion as...more

Knobbe Martens

Globus Argues Expert’s Faked Credentials Warrants New Trial

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In 2011, DePuy-Synthes, a subsidiary of Johnson & Johnson Inc. sued Globus Medical, Inc. in the United States District Court for the District of Delaware. In that suit, Synthes alleged that Globus had infringed three Synthes...more

McDermott Will & Emery

Opinion Underlying JMOL May Still Provide Basis for a New Trial, Even if JMOL Is Defective

Medisim Ltd. v. BestMed LLC - Addressing preservation of the right to submit post-trial motions, the U.S. Court of Appeals for the Federal Circuit vacated a lower court’s rulings on judgment as a matter of law (JMOL)...more

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