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
The District of Delaware granted-in-part Shopify’s motion for judgment as a matter of law, or alternatively a new trial, citing gaps in the evidentiary record resulting in an insufficient basis for the jury verdict of...more
In a patent infringement case, the district court granted plaintiff’s motion to strike portions of defendant’s technical expert’s rebuttal report on the basis that defendant failed to timely disclose non-infringing...more
A district court recently precluded a patent attorney from testifying as an expert in a patent infringement lawsuit where the proposed expert lacked the requisite technical expertise to assist the trier of fact in...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
Administrative Law Judge (ALJ) Cameron Elliot recently found no violation of Section 337 in part because the claims recite patent-ineligible subject matter under 35 U.S.C. § 101. The patents are directed to polycrystalline...more
The United States District Court for the District of Delaware recently held that claims covering methods for evaluating organ transplant rejection are invalid under 35 U.S.C. § 101.
The patents at issue disclose methods...more
10/21/2021
/ Extrinsic Evidence ,
Patent Applications ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
Section 112 ,
Summary Judgment ,
USPTO
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
On January 28, 2020, the Northern District of Alabama granted-in-part a defendant’s motion for summary judgment, holding that the plaintiff could not recover damages based on a theory of lost profits because the plaintiff...more
A Central District of California judge recently granted summary judgment of no obviousness based on inter partes review (IPR) estoppel because the only prior art references used to challenge patent validity could have been...more
1/31/2020
/ Estoppel ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Validity ,
Patents ,
Printed Publications ,
Prior Art ,
Summary Judgment
Chief Judge Rodney Gilstrap of the Eastern District of Texas issued a decision addressing motions to stay a patent infringement case under the “customer-suit exception” to the general first-to-file rule. Judge Gilstrap...more
In Sound View Innovations, LLC v. Hulu, LLC, a district court denied Hulu’s motion to quash a subpoena directed to its trial-supervising in-house attorney. The court agreed that Sound View may question Hulu’s attorney live,...more
12/27/2019
/ Compelled Testimony ,
Corporate Counsel ,
Depositions ,
Hulu ,
Motions to Quash ,
Non-Infringing Alternatives (NIAs) ,
Outside Counsel ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Subpoenas ,
Trial Preparation ,
Unduly Prejudicial ,
Unfair Prejudice ,
Willful Infringement ,
Witnesses
The Federal Circuit affirmed a district court decision barring Amgen from asserting an infringement claim under the doctrine of equivalents against Coherus Biosciences because Amgen disclaimed all combinations not identified...more
The Federal Circuit vacated and remanded a decision by the District Court for the Northern District of California when it failed to consider joining the patent owner before dismissing a case in which the licensee possessed...more
6/25/2019
/ Article III ,
Dismissals ,
Exclusive Licenses ,
FRCP 19 ,
Joinder ,
Patent Infringement ,
Patent Litigation ,
Patent Ownership ,
Patents ,
Precedential Opinion ,
Remand ,
Standing ,
Subject Matter Jurisdiction ,
Transfer of Rights ,
Vacated
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
A district court in the Western District of Washington denied Adaptics Ltd.’s (“Adaptics”) motion for summary judgment of patent exhaustion, which was based on a theory that an authorized sale by a downstream reseller can...more
4/15/2019
/ Downstream Agreements ,
Manufacturers ,
Motion for Summary Judgment ,
Patent Exhaustion ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Resales Agreements ,
Retailers ,
Settlement Agreements ,
Stream of Commerce
In an order issued on May 4, 2018, a Western District of Wisconsin Court addressed venue issues relating to subsidiaries of the same parent. Plaintiff Unity Opto Technology Co. (“Unity”) sued defendants Lowe’s Home Centers,...more
The District Court for the Central District of California recently found that plaintiff Akeso Health Sciences, LLC’s 10-year delay in filing its patent infringement claims justified granting defendant Designs for Health,...more
A federal district court in the Southern District of Texas recently addressed venue issues relating to supplier-distributor relationships. Given the defendant’s lack of physical presence in the district, Chief Judge Lee...more
5/3/2018
/ Distribution Centers ,
Distributors ,
Motion to Dismiss ,
Motion to Transfer ,
Patent Infringement ,
Patent Litigation ,
Principal Place of Business ,
Retailers ,
Suppliers ,
Trademark Infringement ,
Venue
In a November 21, 2016, order, the Honorable Janis L. Sammartino of the Southern District of California dismissed The Scripps Research Institute’s (TSRI) patent infringement claims without prejudice because TSRI failed to...more
DISTRICT COURT CASES -
Eastern District of Virginia Grants Summary Judgment of Noninfringement to Adobe -
On May 7, 2015, Judge Brinkema of the United States district court for the Eastern District of Virginia...more
5/26/2015
/ Adobe ,
AT&T Mobility ,
Cisco ,
Claim Preclusion ,
eBay ,
IBM ,
Issue Preclusion ,
Motions in Limine ,
Oracle ,
Patent Infringement ,
Patent Litigation ,
Patents ,
PayPal ,
Royalties ,
Verizon
FEDERAL CIRCUIT CASES -
Federal Circuit Reverses Summary Judgment of Noninfringement Under § 271(e)(1) for Consideration of Certain Post-FDA-Submission Activities, But Expresses Skepticism About Infringement...more
SUPREME COURT CASES -
U.S. Supreme Court Remands Case to Federal Circuit to Review Patent Under Teva -
On April 20, 2015, the U.S. Supreme Court remanded a case back to the U.S. Court of Appeal for the Federal...more
5/11/2015
/ Appeals ,
Claim Construction ,
Clear Error Standard ,
Frivolous Lawsuits ,
Motions in Limine ,
Patent Infringement ,
Patents ,
Prior Art ,
Remand ,
Rule 11 ,
SCOTUS
FEDERAL CIRCUIT CASES -
Federal Circuit Throws Out $2 Million Award to Nvidia and Sony -
Despite the Supreme Court's Octane Fitness decision making it easier to award attorneys’ fees, the Federal Circuit has...more
FEDERAL CIRCUIT CASES -
Federal Circuit Declines to Extend Patent Exhaustion Doctrine -
In a February 10, 2015 decision, the Federal Circuit reversed a grant of summary judgment of non-infringement under the...more
2/16/2015
/ Covered Business Method Patents ,
Discovery ,
Innovation Act ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
Litigation Strategies ,
Mobile Devices ,
New York Times ,
Patent Exhaustion ,
Patent Infringement ,
Patent Litigation ,
Patent Reform ,
Patent Trial and Appeal Board ,
Patents