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Supreme Court of the United States › Federal Rules of Civil Procedure › Patent Infringement

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
McDermott Will & Emery

Interesting Delay: Prejudgment Interest Accrues Despite Unreasonable Delay

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit upheld a decision on enhanced damages and prejudgment interest, concluding that the district court correctly applied the appropriate standard for enhanced damages in accordance...more

Proskauer Rose LLP

Ventures in Venue: Selecting the Proper Patent Venue

Proskauer Rose LLP on

Amongst the many decisions an attorney makes throughout litigation, there is one choice that can shape the outcome of a case way before filing a motion, setting discovery and trial strategy, or even calling a witness: venue,...more

Pillsbury Winthrop Shaw Pittman LLP

Unclean Hands: Available for Litigation Misconduct or an Illusory Remedy?

Pillsbury Winthrop Shaw Pittman LLP on

Discovery misconduct can be remedied not only through the sanctions available in the Federal Rules of Civil Procedure, but also potentially through the defense of unclean hands....more

Foley & Lardner LLP

Software Companies Sued For Patent Infringement May Seek Speedy Dismissals

Foley & Lardner LLP on

Patent infringement litigation can be expensive, last multiple years, and be a huge distraction for a company’s efforts in the marketplace. While fighting an infringement accusation through trial to final judgement can be...more

Mintz - Intellectual Property Viewpoints

Judge Alsup Certifies Two Hot Button Issues on Standard for Pleading Willful Infringement for Interlocutory Appeal to the CAFC

Mintz - Intellectual Property Viewpoints on

On March 16, 2022, U.S. District Judge William Alsup of the Northern District of California certified two of the hot button issues splitting district courts on the standard for pleading willful infringement (see order),...more

McDonnell Boehnen Hulbert & Berghoff LLP

Thermolife Int'l LLC v. GNC Corp. (Fed. Cir. 2019)

McDonnell Boehnen Hulbert & Berghoff LLP on

Ever since the Supreme Court handed down its decisions in Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Mgmt. Sys., Inc. about five years ago, liberalizing (or at least simplifying)...more

McDonnell Boehnen Hulbert & Berghoff LLP

In re Micron Technology, Inc. (Fed. Cir. 2017)

McDonnell Boehnen Hulbert & Berghoff LLP on

On November 17, 2017, the Federal Circuit granted a writ of mandamus to Micron Technology, Inc. involving their motion challenging venue in a patent infringement lawsuit brought by The President and Fellows of Harvard...more

Akin Gump Strauss Hauer & Feld LLP

N.D. and E.D. Tex. Courts Find Waiver of Venue Defense Notwithstanding TC Heartland Decision

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The Supreme Court’s recent holding in TC Heartland settled several points of law: first, 28 U.S.C. § 1400(b) is the “sole and exclusive provision controlling venue in patent infringement actions; second, the broader venue...more

McDermott Will & Emery

ANDA Update - October 2015

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Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

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