The US Court of Appeals for the Federal Circuit may “award just damages and single or double costs to the appellee” under the Federal Rule of Appellate Procedure 38 if an appeal is frivolous as filed or as argued. In a...more
The US Court of Appeals for the Federal Circuit affirmed a district court decision correcting a clerical error in a claim. Pavo Solutions LLC v. Kingston Technology Company, Inc., Case Nos. 21-1834 (Fed. Cir. June 3, 2022)...more
The US Court of Appeals for the Federal Circuit vacated and remanded a Patent Trial & Appeal Board (Board) decision because it failed to resolve fundamental testimonial conflict relating to inventive contribution and complete...more
The US Court of Appeals for the Federal Circuit vacated and remanded the dismissal of a declaratory judgment action because the district court failed to sufficiently support its decision. Mitek Systems, Inc. v. United...more
6/2/2022
/ Appeals ,
Declaratory Judgments ,
Dismissals ,
Indemnity ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Remand ,
Subject Matter Jurisdiction ,
Vacated ,
Venue
The US Court of Appeals for the Federal Circuit rejected a bright-line rule that patent infringement notice letters and related communications can never form the basis for specific personal jurisdiction. Apple Inc. v. Zipit...more
As previously reported, Judge Albright issued standing orders for his patent cases. On March 7, 2022, Judge Albright issued another set of rules applicable to his large portfolio of patent cases in the Western District of...more
The Supreme Court of the United States upheld the validity of doctrine of assignor estoppel but concluded that the US Court of Appeals for the Federal Circuit failed to recognize the boundaries of the doctrine. Minerva...more
In a relatively unusual outcome, the US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board (Board) decision finding non-obviousness in an inter partes review (IPR). Becton, Dickinson, and Co. v....more
Sovereign Wealth Fund Investment in the Global Healthcare Industry -
Sovereign Wealth Funds (SWF) seek out investments that are resilient, conducive to their aims and objectives, and reasonably free from market...more
5/5/2021
/ Appeals ,
Bonds ,
Collaboration ,
Copyright Ownership ,
Coronavirus/COVID-19 ,
Court of Justice of the European Union (CJEU) ,
Data Privacy ,
Drug Pricing ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Enforcement Actions ,
EU ,
European Commission ,
European Data Protection Board (EDPB) ,
Germany ,
Healthcare Workers ,
Intellectual Property Protection ,
International Data Transfers ,
Investment Funds ,
Investors ,
Patents ,
Pharmaceutical Industry ,
Private Equity Funds ,
Sovereign Wealth Funds ,
Vaccinations
The US Court of Appeals for the Federal Circuit remanded a district court’s claim construction and grant of a defendant’s summary judgment motion of non-infringement under the doctrine of equivalents, finding that a...more
The US Court of Appeals for the Fourth Circuit dismissed a preliminary injunction as moot where the enjoined party had discontinued the use complained of and had no future plan to restart it. Fleet Feet, Inc. v. Nike, Inc.,...more
Copyright jurisprudence in 2020 was, in many ways, a study in the scope of copyright protection. While certain courts brought century-year-old precedent to the forefront to interpret the scope of copyrights, other courts...more
2/2/2021
/ Copyright ,
Copyright Eligible Subject Matter ,
Copyright Infringement ,
Damages ,
Intellectual Property Protection ,
Music ,
Music Streaming ,
Oracle v Google ,
Patent Royalties ,
SCOTUS ,
State and Local Government ,
Trademark Royalties
In 2020, the US Supreme Court and Court of Appeals for the Federal Circuit continued to refine key aspects of intellectual property law on issues that will have an impact on litigation, patent prosecution and business...more
1/28/2021
/ Appeals ,
En Banc Review ,
Hatch-Waxman ,
Life Sciences ,
Medical Devices ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
SCOTUS ,
Section 101 ,
Technology Sector ,
United States v Arthrex Inc ,
Venue
The US Court of Appeals for the Federal Circuit affirmed a district court decision that res judicata can apply to dismissals on procedural grounds and to claims arising after a prior judgment. Sowinski v. California Air...more