On August 22, 2016, Administrative Law Judge David Shaw of the International Trade Commission (“ITC” or “Commission”) issued his final initial determination (“the ID”) in Certain Portable Electronic Devices and Components...more
The Supreme Court has made it easier for patent owners to prove willful infringement and entitlement to enhanced damages. In a unanimous opinion issued yesterday in a pair of cases decided together, Halo Electronics, Inc. v....more
6/15/2016
/ 35 U.S.C. § 284 ,
Abuse of Discretion ,
Enhanced Damages ,
Halo v Pulse ,
Judicial Discretion ,
Patent Infringement ,
Patents ,
Preponderance of the Evidence ,
SCOTUS ,
Seagate ,
Standard of Proof ,
Standard of Review ,
Stryker v Zimmer ,
Willful Infringement
In the latest development in the patent skirmishes between Apple and Samsung, on Monday, January 18, 2016, U.S. District Court Judge Lucy Koh of the Northern District of California entered a permanent injunction barring...more
On Thursday, September 17, 2015, in the fourth Federal Circuit opinion arising out of the patent skirmishes between global high technology titans Apple and Samsung Electronics, a sharply divided Federal Circuit panel vacated...more
10/5/2015
/ Abuse of Discretion ,
Apple ,
Apple v Samsung ,
Article III ,
eBay Test ,
Injunctive Relief ,
iPhone ,
Irreparable Harm ,
Nexus ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Permanent Injunctions ,
Public Interest ,
Samsung ,
Standing ,
Vacated
Administrative Law Judge Essex recently issued the public version of his Initial Determination on Remand in International Trade Commission investigation No. 337-TA-613, In the Matter of Certain 3G Mobile Handsets and...more
6/13/2015
/ Administrative Law Judge (ALJ) ,
Burden of Proof ,
Determination on Remand ,
FRAND ,
Injunctive Relief ,
International Trade Commission (ITC) ,
IP License ,
Patent Infringement ,
Patent Royalties ,
Patents ,
SSO ,
Standard Essential Patents ,
Wireless Devices
The Supreme Court issued its long-anticipated decision in Commil USA, LLC v. Cisco Systems, Inc. on Tuesday holding that a patent infringement defendant’s good faith belief that the patent in suit is invalid is not a defense...more
5/31/2015
/ Cisco ,
Cisco v CommilUSA ,
Good Faith ,
Honest Belief Defense ,
Induced Infringement ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Popular ,
SCOTUS
Administrative Law Judge Essex recently issued the public version of his Initial Determination in ITC investigation No. 337-TA-868, ruling that the respondents are precluded from relying on the defense that the patent holder...more
On January 10, 2013, the Federal Circuit reaffirmed broad ITC jurisdiction for non-practicing patent enforcement entities by denying Nokia Corp.’s petition for rehearing of InterDigital Commc’ns, LLC v. Int’l Trade Comm’n...more