News & Analysis as of

Reversal Direct Infringement

AEON Law

Patent Poetry: Federal Circuit Reverses Dismissal Based on Patent Claim Preclusion

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The Federal Circuit has ruled that claim preclusion doesn’t apply to allegations of induced infringement based on an earlier finding of direct infringement. The patent at issue, US Patent No. 8,206,987 titled...more

Knobbe Martens

Patentee Failed to Apportion Licenses to Bundled Patents to Establish Royalties

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OMEGA PATENTS, LLC v. CALAMP CORPORATION - Before Prost, Dyk, and Hughes. Appeal from the United States District Court for the Middle District of Florida. Summary: Licensing policies that allow use of any or all of a...more

Knobbe Martens

Federal Circuit Review - March 2018

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Distribution Agreements Can Constitute Offers for Sale Under Section 102(b) - In The Medicines Company v. Hospira, Inc., Appeal Nos. 2014-1469, 2014-1504, the Federal Circuit held that a distribution agreement qualified as...more

Harris Beach PLLC

Patent Infringement Claims Simply Require Alleging Facts Stating a Plausible Claim

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The United States Court of Appeals for the Federal Circuit (“Federal Circuit”) addressed the pleading standards for direct infringement, doctrine of equivalents infringement, indirect infringement and willful infringement in...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Nalco Co. v. Chem-Mod, LLC, Appeal No. 17-1036 (Fed. Cir. Feb. 27, 2018) In Nalco Company v. Chem-Mod, LLC, the Federal Circuit reviewed the district court’s decision to dismiss Nalco Company’s complaint for failure to...more

Knobbe Martens

Federal Circuit Review | September 2015

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Federal Circuit Remands Record Damages Award For New Trial On Extraterritorial Sales - In Carnegie Mellon University v. Marvell Technology Group, Ltd., Appeal No. 2014-1492, the Federal Circuit reversed a damages award...more

Foley Hoag LLP

Federal Circuit Expands Scope of Liability for Divided Infringement

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The Federal Circuit, sitting en banc in Akamai Technologies, Inc. v. Limelight Networks, Inc., this week adopted a new standard governing divided infringement under 35 U.S.C. § 271(a). The new standard is likely to enhance...more

McDermott Will & Emery

Federal Circuit Upholds ITC Interpretation of § 337 to Cover Induced Infringement

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Suprema, Inc. and Mentalix Inc. v. Int’l Trade Comm’n, Case No. 12-1170 (Fed. Cir. Aug. 10, 2015) (Reyna, J.) (O’Malley, Proust, Lourie, and Dyk JJ., dissenting). By way of background, appellee Suprema manufactures...more

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