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Skinny Labelling on Generic Drugs Does Not Avoid Induced Infringement of Patents Covering Non-Indicated Uses

GLAXOSMITHKLINE LLC v. TEVA PHARMACEUTICALS USA, INC. [OPINION] – PRECEDENTIAL - Before Prost, Newman, and Moore. Appeal from the U.S. District Court for the District of Delaware - Summary: Evidence of inducement for...more

Limiting Terms in Preamble May Render Entire Preamble Limiting

BIO-RAD LABORATORIES, INC. v. 10X GENOMICS INC. Before Newman, O’Malley, and Taranto. Appeal from the United States District Court for the District of Delaware. Summary: Where elements of preamble are limiting,...more

Government’s Pre-Litigation Conduct Cannot Justify a Court of Claims Fee Award

FASTSHIP, LLC v. US - Before Dyk, Wallach, and Chen. Appeal from the United States Court of Federal Claims. Summary: A Court of Claims fee award under 28 U.S.C. § 1498(a), turns on whether the government’s litigation...more

Standing to Appeal in IPR Remains Even After Divesting Accused Products

GRIT ENERGY SOLUTIONS, LLC v. OREN TECHNOLOGIES, LLC - Before Prost, Newman, Wallach. On appeal from The Patent Trial and Appeal Board. Summary: IPR petitioner has standing to appeal an adverse Board decision even...more

$5 Million Attorneys’ Fee Award Affirmed Because Government’s Litigation Position Not Substantially Justified

HITKANSUT LLC V. UNITED STATES - Before Prost, Clevenger, and Moore. Appeal from the Court of Federal Claims. Summary: Fee-shifting under 28 U.S.C. § 1498(a), turns on whether “the position of the United States was...more

Infringement Need Not Be Ex Ante Determinable for Claim to Be Definite

NEVRO CORPORATION v. BOSTON SCIENTIFIC CORPORATION - Before Moore, Taranto, and Chen. Appeal from U.S. District Court for the Northern District of California. Summary: Functional claim term directed at avoiding a side...more

Attorneys and Clients Behaving Badly – Deliberately Withheld Offer for Sale Is Inequitable Conduct

GS CLEANTECH CORP. v. ADKINS ENERGY LLC - Before, Reyna, Wallach, and Hughes. Appeal from the District Court for the Northern District of Illinois. Summary: Withholding and obscuring evidence of a pre-critical date...more

Schrader Hit With $31 Million Patent Verdict Over Tire Pressure Sensors

A Delaware jury has awarded Wasica Finance over $31 million in patent damages against Schrader Int’l. In 2013, Wasica accused Schrader Int’l of infringing a patent entitled “Device for Monitoring and the Air-Pressure in...more

Wells Fargo Twice Found Guilty of Willfully Infringing Patents on Remote Check Depositing Technology

USAA filed multiple patent infringement lawsuits against Wells Fargo, alleging widespread infringement of USAA’s patented technologies on remote check deposits for mobile banking systems. Last November, a jury in a first case...more

Integration Clause Does Not Necessarily Extinguish Prior Agreement on Same Patent

MOLON MOTOR AND COIL CORP. v. NIDEC MOTOR CORPORATION - Before Lourie, Reyna, and Hughes. Appeal from U.S. District Court for the Northern District of Illinois. Summary: In interpreting an integration clause that...more

No Appeal of PTAB’s Final Decision by Appealing a District Court’s Adoption of That Decision

PERSONAL AUDIO, LLC v. CBS CORPORATION - Before Moore, Reyna, and Taranto.  Appeal from the United States District Court for the Eastern District of Texas. Summary: The Federal Circuit has exclusive jurisdiction to hear...more

Safe Harbor Defense Under 35 U.S.C. §271(e)(1) Requires That the Accused Activity Is Solely for Uses Reasonably Related to...

AMGEN INC. v. HOSPIRA, INC. Before Moore, Bryson, and Chen.  Appeal from the United States District Court for the District of Delaware. Summary: Biological engineering activity that would otherwise constitute patent...more

Defendant Awarded Attorney Fees After NPE Dismissed Frivolous Case with Prejudice

BLACKBIRD TECH LLC v. HEALTH IN MOTION LLC - Before Wallach, Prost, and Hughes. Appeal from U.S. District Court for the Central District of California. Summary: The Federal Circuit affirmed a finding that a frivolous...more

North Carolina Jury Finds Dubose Strapping Inc. Liable for Willful Patent Infringement

Western Plastics sued Dubose Strapping for infringing a patent covering a material for wrapping rolls of metal coil. Both parties compete in the metal industry and sell a similar wrap...more

Patent Claim Reciting a List “Consisting Essentially of” Is Indefinite Where the Basic and Novel Property of the Invention Is...

HZNP Medicines LLC, Horizon Pharma USA, Inc. v. Actavis Laboratories UT, Inc. Before Prost, Newman, and Reyna.  Appeal from the District Court for the District of New Jersey. Summary: Claims using “consisting...more

Jury Awards Patentee Nine-Figure Patent Damages Award

A New Jersey jury has awarded Eagle View Technology $125 million in patent damages. Eagle View originally sued its competitor Verisk and its subsidiary corporation Xactware, for infringing nine patents related to software for...more

Judgment Entered Against Westinghouse For Willful Patent Infringement

Earlier this year, a federal jury in Delaware found that Westinghouse Air Brake d/b/a Wabtec infringed eight patents owned by Siemens Mobility, including finding willful infringement as to two of the patents. The asserted...more

Jury Finds Benton Energy Liable for Patent Infringement and Awards Nearly $5 Million in Damages

A jury determined that Benton Energy Service Co. infringed a patent for improved drilling in offshore oil wells owned by Cajun Services Unlimited...more

One-Year Clock for Filing IPR Petition Applies to Litigants and Parties That Become Privies of the Litigant Prior to Institution

POWER INTEGRATIONS, INC v. SEMICONDUCTOR COMPONENTS - Before Prost, Reyna, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: An IPR is time-barred under 35 U.S.C. § 315(b) if, at the time of...more

Ultratec Awarded more than $5.4 Million After Patent Determined Valid On Appeal

A federal court in Wisconsin recently awarded Ultratec, Inc. and Captel, Inc. more than $5.4 million in damages, based on a patent infringement claim brought against Sorenson Communications and CaptionCalls...more

Federal Circuit Explores the Sham Affidavit Doctrine

QUEST INTEGRITY USA, LLC v. COKEBUSTERS USA INC. Before Dyk, Taranto, and Hughes. Appeal from the U.S. District Court for the District of Delaware. Summary: An affidavit should not be dismissed as a sham where: (1) the...more

LG Willfully Infringed Patent Covering “Plug & Play” Standard in Televisions

A New Jersey jury awarded Mondis $45 million in patent damages, based on LG’s sales of infringing televisions that support the “Plug & Play” standard. The “Plug & Play” standard was promulgated by the Video Electronics...more

Florida Judge Enters Permanent Injunction After Patent Infringement Finding

A Florida judge recently entered a permanent injunction against a handful of Florida businesses and their owner, barring them from further infringing a patent covering biometric security for automobiles...more

TEK Global, S.R.L. v. Sealant Systems International

Federal Circuit Summary - Before Prost, Dyk, and Wallach. Appeal from the United States District Court for the Northern District of California. Summary: When the Federal Circuit holds that a combination of references...more

Barry v. Medtronic, Inc.

Federal Circuit Summary - Before Chief Judge Prost, Moore, and Taranto. Appeal from the United States District Court for the Eastern District of Texas. Summary: An invention is not “ready for patenting” to trigger...more

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