In a recent patent case, the U.S. government urged a Texas federal court to give greater weight to the difficulty of calculating damages as a basis for finding irreparable harm. If embraced by courts, the move could give...more
In two companion appeals relating to patents over television interactive programming guides, the Federal Court of Appeal clarified that a successful patent plaintiff is entitled to an accounting of the defendant’s profits...more
As reported on February 17, 2016 in IP Law360, Sandoz has petitioned the U.S. Supreme Court for certiorari to review the Federal Circuit's decision that reversed the District Court in Amgen v. Sandoz. In its decision, two...more
How does a patent owner prove it has been irreparably harmed when the protected feature is only a small part of an infringing device? The U.S. Court of Appeals for the Federal Circuit answered that question in the ongoing IP...more
The U.S. Court of Appeals for the Federal Circuit convened an en banc panel to examine the Supreme Court’s “Raging Bull” decision in Petrella v. Metro-Goldwyn-Mayer, Inc. in the context of deciding whether laches remains a...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
ITC Proposes Extensive Changes To Rules For Adjudicating Section 337 Investigations – On September 24, 2015, the Commission published a Notice of Proposed Rulemaking in the Federal Register announcing proposed changes to its...more
The U.S. Court of Appeals for the Federal Circuit (in a case that attracted a dozen amici briefs) affirmed a district court ruling by Circuit Judge Posner (sitting by designation) that the holder of the FRAND-encumbered SEP...more
On April 25, 2014, the U.S. Court of Appeals for the Federal Circuit issued its long-awaited decision in the appeal from Judge Posner’s ruling that denied both Motorola and Apple damages and injunctive relief in Apple Inc. v....more