Patents, Patent Invalidity, Federal Rules of Civil Procedure

Texas Round-Up: December 2024

Fish & Richardson on 1/30/2025

Three subjects stood out in patent litigation in Texas in December 2024: (1) knowledge of related patents, general patent portfolio, or other asserted patents do not establish the knowledge requirement for pre-suit indirect...more

Federal Circuit Patent Watch: The Party Presentation Rule: Parties Map the Course of Litigation, Not Judges

WilmerHale on 9/27/2024

Precedential and Key Federal Circuit Opinions - 1. ASTELLAS PHARMA v. SANDOZ INC. [OPINION] (2023-2032, 2023-2063, 2023-2089, 9/18/24) (Lourie, Prost, Reyna) - Lourie, J. The Court vacated and remanded the district...more

The Federal Circuit Once Again Shows Its Willingness to Reject Conclusory Allegations of Inventiveness

BakerHostetler on 2/9/2024

The Federal Circuit recently affirmed a district court’s grant of Zillow Group Inc.’s (“Zillow”) motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) because the two International Business Machines Corporation...more

CAFC Patent Cases - May 2021 #2

WilmerHale on 5/18/2021

Precedential Federal Circuit Opinions - CAP EXPORT, LLC v. ZINUS, INC. [OPINION] (2020-2087, 5/5/21) (Dyk, Bryson, Hughes) - Dyk, J. Affirming decision to set aside judgment and injunction pursuant to Federal Rule of...more

Claim Construction of “Customary and Ordinary” Meaning Does Not Justify Amendment of Noninfringement and Invalidity Contentions

Mintz - Intellectual Property Viewpoints on 5/30/2019

Recently, in a patent infringement action pending in the Eastern District of Michigan, Webasto Thermo & Comfort N. Am., Inc. v. BesTop, Inc., No. 2:16-cv-13456, Order No. 209 (E.D. Mich. May 20, 2019) (Borman, J.), the court...more

University of Florida Research Foundation, Inc. v. General Electric Co. (Fed. Cir. 2019)

McDonnell Boehnen Hulbert & Berghoff LLP on 2/27/2019

Legal creativity in argument is the lifeblood of the litigator's craft, and nowhere more than in patent litigation in view of the complexities of the law applied to technological fact. But occasionally creative arguments can...more

Genetic Veterinary Sciences, Inc. v. LABOklin GmbH (E.D. Va. 2018)

McDonnell Boehnen Hulbert & Berghoff LLP on 5/23/2018

Earlier this month, in Genetic Veterinary Sciences, Inc. v. LABOklin GmbH, Senior District Judge Henry Coke Morgan, Jr. of the U.S. District Court for the Eastern District of Virginia granted a motion for judgment as a matter...more

Ni-Q, LLC v. Prolacta Bioscience, Inc. (D. Or. 2017)

McDonnell Boehnen Hulbert & Berghoff LLP on 12/18/2017

Last week, in Ni-Q, LLC v. Prolacta Bioscience, Inc., District Judge Michael H. Simon of the U.S. District Court for the District of Oregon denied a motion for judgment on the pleadings under Rule 12(c) of the Federal Rules...more

Tranxition, Inc. v. Lenovo (United States) Inc. (Fed. Cir. 2016)

McDonnell Boehnen Hulbert & Berghoff LLP on 11/23/2016

Federal Circuit Finds Another Software Patent Invalid under Section 101 - The U.S. Court of Appeals for the Federal Circuit issued a recent non-precedential decision in a case captioned Tranxition, Inc. v. Lenovo (United...more

FairWarning IP, LLC v. Iatric Systems, Inc. (Fed. Cir. 2016) - Rule-Based Data Processing Patent Held to Be Directed to...

McDonnell Boehnen Hulbert & Berghoff LLP on 10/14/2016

On October 11, 2016, the Federal Circuit issued a precedential opinion in FairWarning IP, LLC v. Iatric Systems, Inc. affirming dismissal of a patent infringement suit brought by FairWarning holding that the asserted patent,...more

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