In ruling on a recent motion to strike, a judge in the Eastern District of Texas permitted a damages expert to rely on a damages theory based on defendant’s “avoided costs,” holding that this theory did not run afoul of the...more
The Federal Circuit’s decision in Kyocera Senco Industrial Tools Inc. v. International Trade Commission articulated a bright-line test for patent expert admissibility: to testify from the perspective of a “person of ordinary...more
In response to the recent concentration of patent cases filed in a single court in Waco, Texas, all new patent cases filed in the Western District of Texas’s Waco Division will be distributed among the district’s various...more
Inter partes review (IPR) proceedings can give rise to statutory and collateral estoppel. But these two bases for estoppel attach at different times, which can lead to asymmetrical outcomes in related district court...more
In a recent inter partes review (IPR), a patent owner overcame a facially persuasive obviousness challenge by relying on evidence from an earlier litigation to establish objective indicia of nonobviousness.
In RTI...more
The Federal Circuit recently upheld a district court’s decision to tax a patent infringement plaintiff with its opponent’s attorneys’ fees based on an inadequate presuit investigation into infringement, even though the patent...more
The Federal Circuit’s decision in Shaw Indus. Grp., Inc. v. Automated Creel Sys., Inc., 817 F.3d 1293 (Fed. Cir. 2016) raised the possibility that the inter partes review (IPR) estoppel of 35 U.S.C. § 315(e) might not do much...more
SUPREME AND FEDERAL COURT CASES -
U.S. Supreme Court Denies Writ to Overturn Application of the Kessler Doctrine -
The U.S. Supreme Court denied software developer’s SpeedTrack writ to overturn the Federal...more
1/18/2016
/ America Invents Act ,
Apple ,
Claim Construction ,
CLS Bank v Alice Corp ,
Inter Partes Review (IPR) Proceeding ,
JMOL ,
Kessler Doctrine ,
Office Depot ,
Patent Infringement ,
Patent Invalidity ,
Prior Art ,
SCOTUS ,
Software ,
VoIP ,
Wal-Mart
DISTRICT COURT CASES -
Akin Gump Wins Section 101 Motion to Dismiss, Invalidating 887 Patent Claims -
Following Supreme Court precedent set forth in Alice Corp. Pty. Ltd. v. CLS Bank International, Judge Sleet...more
2/2/2015
/ CLS Bank v Alice Corp ,
Hana Financial v Hana Bank ,
Jury Questions ,
Likelihood of Confusion ,
Motion to Dismiss ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
SCOTUS ,
Summary Judgment ,
Tacking ,
Trademarks
FEDERAL CIRCUIT CASES -
Akin Gump Wins Summary Judgment of Non-Infringement -
Akin Gump obtained a significant victory on summary judgment for HTC and AT&T in a patent infringement case against Adaptix, Inc., an...more
1/26/2015
/ Apple ,
AT&T ,
Claim Construction ,
HTC ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Summary Judgment ,
Teva v Sandoz ,
Verizon
Federal Circuit: Licensor Has No Standing to Sue Where it Has Transferred “All Substantial Rights” to Its Licensee -
The Federal Circuit affirmed a decision by Judge Schneider in the Eastern District of Texas to...more