Patents, Standard of Proof, Patent Litigation

The Precendent: U.S. Court of Appeals for the Federal Circuit Reaffirms Standard of Proof for Correcting Inventorship in BearBox...

Vorys, Sater, Seymour and Pease LLP on 2/13/2025

In this edition of The Precedent, we outline the recent federal circuit decision in BearBox LLC v. Lancium LLC. The United States Court of Appeals for the Federal Circuit recently affirmed that parties seeking correction of...more

Amicus Briefing in Amgen v. Sanofi: The Rest of the Story - Part II

McDonnell Boehnen Hulbert & Berghoff LLP on 5/12/2023

The Supreme Court's consideration of the standards for satisfying the enablement provisions of 35 U.S.C. § 112(a) has been occasioned for the first time in over a century by the Court's granting certiorari in Amgen v....more

Cold to Mootness Challenge, But Warm to Inequitable Conduct Defenses

Proskauer - New England IP Blog on 3/8/2018

In a recent opinion from the District of Massachusetts, Judge Woodlock provided a reading on the mootness of an inequitable conduct counterclaim, where the asserted claims of the thermometer patent at issue were previously...more

The New Willfulness Paradigm

McDermott Will & Emery on 6/29/2016

The Supreme Court of the United States traced two centuries of analysis related to enhanced damages in patent cases to conclude that the US Court of Appeals for the Federal Circuit’s two-part test, announced nearly a decade...more

Supreme Court Unanimously Overturns Rigid Seagate Test in Favor of a Discretionary Test for Awarding Enhanced Damages

Goodwin on 6/16/2016

Section 284 of The Patent Act provides that in a case of infringement, courts “may increase the damages up to three times the amount found or assessed.” Under Seagate, to be entitled to enhanced damages under § 284, a patent...more

Massachusetts Court Takes the Temperature of Defendant’s Inequitable Conduct Claim on Summary Judgment

Proskauer - New England IP Blog on 11/11/2015

In a recent decision out of the District of Massachusetts, Judge Stearns assessed Kaz’s inequitable conduct defense on summary judgment – and found it to come up short by a degree. The opinion is an important reminder that to...more