Apple has escaped a $300 million patent infringement verdict after a three-judge panel of the United States Court of Appeals for the Federal Circuit vacated both the infringement and damages judgment because of faulty jury...more
In patent litigation, expert witnesses play a crucial role in providing specialized knowledge to the court. In a recent case where Osseo Imaging LLC sued Planmeca USA Inc. for patent infringement, the Federal Circuit...more
Courts have long interpreted Title 35 of the U.S. Code, Section 101, to bar patenting abstract ideas, laws of nature or natural phenomena. But until six years ago, the U.S. Court of Appeals for the Federal Circuit's...more
On January 10, 2024, Regeneron Pharmaceuticals, Inc. (“Regeneron”) filed a Complaint in the U.S. District Court for the Central District of California against Amgen Inc. (“Amgen”) alleging infringement of 32 patents under the...more
Patent cases are complex and often challenging undertakings because they frequently involve innovative technology, unique litigation procedures and unusual legal issues. Additionally, because patents are depreciating assets,...more
The District of Delaware has recently instituted several requirements in patent cases, many in response to the overwhelming caseload in part due to a judicial vacancy. In addition to the specific patent standing orders...more
The number of Non-Practicing Entities (NPE) cases has increased in Delaware by almost 10% over the last year. If you or a client finds yourself the target of an NPE patent litigation suit, the next question is usually what...more
On November 23, 2021, Chief Judge Colm Connolly of the District of Delaware denied a joint request for an early summary judgment motion in patent litigation. In Fundamental Innovation Systems International LLC v. Lenovo...more
Mr Justice Hacon finds that procedures for applying for permission to appeal are not altered by the COVID-19 Protocol. In Claydon v. Mzuri, Mr Justice Hacon of the High Court has found that the COVID-19 Protocol does not...more
In IP litigation, expert testimony is common and important. Experts may provide the court with a scientific primer in highly complex cases. In patent litigation, experts may construe complex claims through the eyes of a...more
On August 19, 2015, the United States Patent and Trademark Office (USPTO) released proposed rule changes for trials before the Patent Trial and Appeal Board (PTAB). The proposed rule changes were made in response to input...more
In our last post, we discussed proposed amendments to the Federal Rules of Civil Procedure recently published for comment by the Judicial Conference Advisory Committee. Two years ago, I sat on a similar advisory committee...more