Patents, Patent Infringement, Contract Interpretation

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

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 5/28/2025

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

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

Knobbe Martens on 8/7/2020

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

Merger Clause in a Patent License Agreement May Not Extinguish a Prior Covenant Not to Sue

Akin Gump Strauss Hauer & Feld LLP on 2/3/2020

The Federal Circuit recently affirmed a district court’s holding that a merger clause in a patent license settlement agreement did not extinguish a prior covenant not to sue on the same patent because the agreement did not...more

Patent Sublicense Does Not Automatically Survive Termination of Principal License

McDermott Will & Emery on 12/3/2019

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

Sublicense May Survive Termination of a Main License

Knobbe Martens on 10/18/2019

FRAUNHOFER-GESELLSCHAFT v. SIRIUS XM RADIO INC. Before Dyk, Linn, and Taranto. Appeal from the District of Delaware. Summary: Contract interpretation must be applied in determining whether a sublicense survives...more

Upon Reconsideration, E.D.Tex. Judge Affirms Ericsson’s Previously-Vacated Jury Award Against TCL

Mintz - Intellectual Property Viewpoints on 5/16/2018

On May 10, 2018, Magistrate Judge Payne reconsidered his previous March 2018 order which had vacated a jury award, and granted plaintiff Ericsson’s motion for reconsideration. The May ruling makes clear that the accused...more

Fresh From the Bench: Latest Federal Circuit Court Cases

Schwabe, Williamson & Wyatt PC on 2/13/2018

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

After the Supreme Court's Limelight Decision, Attention May Shift to Contract Analysis in Patent Cases

Foley & Lardner LLP on 7/3/2014

In Limelight Networks, Inc. v. Akamai Tech., Inc., the Supreme Court unanimously held that there can be no liability for induced infringement of a patented method where the steps of the method are carried out by separate...more

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