News & Analysis as of September 22, 2024

Statute of Limitations › Patent Infringement

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

The Heightened Standard of Proving Induced Infringement

Knobbe Martens on 4/12/2022

ROCHE DIAGNOSTICS CORPORATION v. MESO SCALE DIAGNOSTICS, LLC - Before Newman, Prost, and Taranto. Appeal from the U.S. District Court for the District of Delaware. Summary: A finding of inducing infringement requires...more

Fed. Cir.: Threat of Suit Over Past Infringement Confers Standing

Jones Day on 5/11/2020

The Federal Circuit’s April 30, 2020 decision in Grit Energy Solutions, LLC v. Oren Technologies, LLC, No. 2019-1063, held that a former patent infringement defendant who had sold off the allegedly infringing product line and...more

Flip It and Reverse it: Relation Back Requires Notice of Claims Arising Out of Same Conduct, Transaction, Occurrence

McDermott Will & Emery on 10/30/2019

Addressing the application of the relation-back doctrine, the US Court of Appeals for the Federal Circuit revived a lawsuit, finding that damages were available because the amended complaint that asserted new patents related...more

One-Year Time Bar Triggered After the Service of a Complaint, Regardless of Whether the Serving Party Lacked Standing to Sue

Polsinelli on 8/29/2019

On August 23, 2019, the Precedential Opinion Panel (POP) of the Patent Trial and Appeal Board (PTAB) issued a precedential opinion relating to the one-year time bar under 35 U.S.C. § 315(b). ...more

A Party Who Lacks Standing Can Still Trigger the Section 315(b) Time Bar

Troutman Pepper on 8/28/2019

GoPro, Inc. v. 360Heros, Inc., IPR2018-01754 (Precedential Opinion Panel, August 23, 2019) - Section 315(b) of Title 35 prohibits institution of an IPR where the petition is filed more than one year after service of a...more

Supreme Court to Consider Time Bar to AIA Challenge

McDermott Will & Emery on 7/9/2019

The Supreme Court of the United States, brushing aside the position taken by the US Patent and Trademark Office as to the suitability of this case as a vehicle for review, agreed to consider whether a petition for an America...more

Latest Federal Court Cases - October 2018

Schwabe, Williamson & Wyatt PC on 10/2/2018

Gust, Inc. v. AlphaCap Ventures, LLC, Appeal No. 2017-2414 (Fed. Cir. Sept. 28, 2018) In an appeal from a district court decision awarding fees pursuant to 28 U.S.C. § 1927, the Federal Circuit reversed. The decision makes...more

Amended PMNOC Regulations: First Anniversary Update

Smart & Biggar on 10/1/2018

As previously reported, the amended Patented Medicines (Notice of Compliance) Regulations (“Regulations”) came into force on September 21, 2017, heralding significant changes to the landscape for pharmaceutical companies in...more

PTAB Strategies and Insights - September 2018: Best Strategies for ITC Respondents When Considering a PTAB Action

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/26/2018

When faced with allegations of patent infringement at the International Trade Commission (ITC), a respondent must quickly evaluate whether or not to request an AIA review (hereinafter, inter partes review for convenience) at...more

Expanded PTO Panels and Improper Joinder: The Federal Circuit Fires a Warning Shot

Jones Day on 8/25/2017

The Federal Circuit’s decision in Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., (Fed. Cir. No. 16-2321), expresses a growing discomfort with the Patent Office’s practice of joinder and expanded panels....more

Wait For It: "Unreasonable Delay" in Bringing Suit is No Longer a Defense in Patent Cases

Shook, Hardy & Bacon L.L.P. on 6/2/2017

The U.S. Supreme Court recently issued a 7-1 ruling in SCA Hygiene1 that eliminated the common-law defense of laches in patent infringement cases. The Supreme Court reasoned that laches is a “gap-filling doctrine” that does...more

How Does the Supreme Court’s Recent Ruling on Incontinence Products Spill Over into Fashion?

Knobbe Martens on 4/24/2017

On March 21, 2017 the Supreme Court issued a monumental holding removing the availability of laches as a defense in a claim for damages under patent infringement. The case changes decades of legal precedent, and adopts...more

En Banc Federal Circuit Considering Whether 1-Year IPR Time Bar Is Appealable

Jones Day on 4/8/2017

As we reported earlier, the Federal Circuit decided in January 2017 to rehear en banc whether the PTAB’s findings regarding 35 U.S.C. § 315(b)’s one year bar can be reviewed on appeal. Wi-Fi One v. Broadcom Corp. The...more

What do Raging Bull and Adult Diapers Have in Common?

Dorsey & Whitney LLP on 4/6/2017

Apparently, quite a bit according to the Supreme Court. The Supreme Court has dipped its toe into the waters of intellectual property law again and has decided to overturn 150 years or more of common law precedent in its...more

Supreme Court and Precedential Federal Circuit Patent Cases

Schwabe, Williamson & Wyatt PC on 4/4/2017

In SCA v. First Quality Baby Products, the Supreme Court holds that laches should not be available as a defense in patent cases, refusing to concur with the Circuit’s en banc holding that the Patent Act’s 6-year limitation on...more

SCA Hygiene Case Provides a Clear Win for Patent Owners

Bradley Arant Boult Cummings LLP on 4/3/2017

In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, the Supreme Court last week overruled the Federal Circuit’s en banc decision that laches (unreasonable delay in bringing a claim) can bar recovery of...more

A Big Week for Intellectual Property: Supreme Court Decides Patent and Copyright Cases

McNees Wallace & Nurick LLC on 3/29/2017

Last week, the U.S. Supreme Court issued two opinions on intellectual property issues. On March 21, 2017, the Court decided in a 7-1 opinion that laches is no longer a valid defense to a claim of patent infringement occurring...more

Litigation Alert: Supreme Court Extends Petrella Rule Barring Laches to Patent Context

Fenwick & West LLP on 3/28/2017

Three years ago, in Petrella v. Metro-Goldwyn-Mayer, Inc., the Supreme Court held that the equitable defense of laches is not available against copyright claims for damages brought within the Copyright Act’s three-year...more

Laches not available to defeat patent infringement damages claim: SCA Hygiene Products v First Quality Baby Products

Ladas & Parry LLP on 3/28/2017

In a 7-1 decision on March 21, 2017, in the case of SCA Hygiene Products AB v. First Quality Baby Products LLC, the United States Supreme Court reversed an en banc decision of the Court of Appeals for the Federal Circuit and...more

Laches Limited To Being An Equitable Defense In Patent Cases

Akerman LLP - Marks, Works & Secrets on 3/28/2017

In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, the Supreme Court made plain that laches is merely an equitable defense in patent cases, and will not bar a damage claim if brought within the six year...more

Supreme Court Rejects Laches Defense in Patent Cases

Proskauer - New England IP Blog on 3/27/2017

The U.S. Supreme Court ruled this week that laches is not a defense in the majority of patent cases. Justice Alito, writing for the 7-1 majority, found the application of laches to patent disputes incompatible with the...more

The Other Shoe Drops on Laches Defense in IP

Saul Ewing LLP on 3/27/2017

In 2014, the Supreme Court’s opinion in Petrella v. Metro-Goldwyn-Mayer, Inc. held that the equitable doctrine of laches is not available as a defense to copyright infringement when the claim is brought within the three years...more

Be Aggressive, B-E Aggressive – SCOTUS Encourages IP Plaintiffs

Miller & Martin PLLC on 3/27/2017

Last week, the U.S. Supreme Court decided two much anticipated intellectual property cases. Supreme Court Rejects Laches in Patent Infringement Cases - The first, SCA Hygiene Products Aktiebolag et al. v. First Quality...more

Mind the “Gap”: Laches No Defense to Claims for Patent Damages

Butler Snow LLP on 3/27/2017

Last week the Supreme Court held in a 7-1 decision that the equitable defense of laches is no defense to the legal remedy of patent damages where the infringement occurred during the statutory period of 35 U.S.C. § 286. SCA...more

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Statute of Limitations › Patent Infringement

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