Venue selection has been a primary focus for the past few years in patent infringement cases. However, a recent Federal Circuit decision serves as a reminder that a court must first be found to be able to exercise personal...more
In a decision issued by the Federal Circuit on October 24, 2018, the court affirmed a finding by the Patent Trial and Appeal Board (PTAB) that a multiple sclerosis (MS) treatment claimed in an application owned by FWP IP APS...more
On October 10, 2018, the United States Patent and Trademark Office (USPTO) announced that it will issue a final rule changing the claim construction standard for interpreting claims in inter partes review (IPR), post-grant...more
10/16/2018
/ America Invents Act ,
Claim Construction ,
Covered Business Method Patents ,
Covered Business Method Proceedings ,
Final Rules ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Phillips Standard ,
Post-Grant Review ,
USPTO
In a long-awaited decision, the United States Supreme Court on Friday held that WesternGeco is entitled to lost profits resulting from the infringing export from the U.S. of components of a patented system assembled and sold...more
6/27/2018
/ 35 U.S.C. § 271(f)(2) ,
35 U.S.C. § 284 ,
Appeals ,
Damages ,
Domestic Injury ,
Extraterritoriality Rules ,
Foreign Sales ,
Lost Profits ,
Patent Act ,
Patent Infringement ,
Patents ,
Remand ,
SCOTUS ,
Vacated ,
WesternGeco LLC v Ion Geophysical Corporation
Appealed PTAB decisions are generally accorded a deferential “substantial evidence” standard by the Federal Circuit. However, this deference did not prevent Ericsson from prevailing in its appeal to the Federal Circuit to...more
6/1/2018
/ Determination on Remand ,
Ericsson ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Reversal ,
Split of Authority ,
Substantial Evidence
After having its complaint for patent infringement dismissed for failure to state a claim and being denied its request to file an amended complaint in the Middle District of Georgia, Disc Disease Solutions turned to the...more
5/17/2018
/ Amended Complaints ,
Appeals ,
Claim Construction ,
Complaint Procedures ,
Dismissal With Prejudice ,
Failure To State A Claim ,
Federal Rule 12(b)(6) ,
Motion for Reconsideration ,
Motion to Amend ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pleading Standards ,
Technology Sector ,
Twombly/Iqbal Pleading Standard
After having its complaint for patent infringement dismissed for failure to state a claim and being denied its request to file an amended complaint in the Middle District of Georgia, Disc Disease Solutions turned to the...more
5/4/2018
/ Appeals ,
Claim Amendments ,
Claim Construction ,
Federal Rule 12(b)(6) ,
Federal Rules of Civil Procedure ,
Form 18 ,
Motion to Dismiss ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pleading Standards ,
Twombly/Iqbal Pleading Standard
In an appeal from the Northern District of Florida, Voter Verified, Inc. asked the Federal Circuit to reverse the lower court’s dismissal of its patent infringement lawsuit against Election Systems & Software, LLC. ...more
As Women’s History Month draws to a close, let’s take a moment to celebrate some of the impressive innovations of female inventors and take a closer look at the evolution of the female inventor over the past 150...more
As Women’s History Month draws to a close, let’s take a minute and celebrate the contributions of some female inventors and what led to those innovations....more
After a series of “Dead on Arrivals” from the Northern District of Illinois, the Federal Circuit on Tuesday resuscitated a patent infringement suit filed by Nalco Company against Chem-Mod, LLC, and others in the Northern...more
3/7/2018
/ Coal Industry ,
Dismissals ,
Doctrine of Equivalents ,
Energy Sector ,
Federal Pleading Requirements ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Precedential Opinion ,
Reversal ,
Technology ,
Willful Infringement
On Tuesday, the Federal Circuit partially reversed a decision by the Patent Trial and Appeal Board that invalidated a number of claims in a Smith & Nephew, Inc. patent during inter partes reexamination. While many of Smith &...more
2/2/2018
/ Appeals ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Reversal