News & Analysis as of

Indirect Infringement Patent Litigation Induced Infringement

Robins Kaplan LLP

Metacel Pharms. LLC v. Rubicon Rsch. Priv. Ltd.

Robins Kaplan LLP on

Nature of the Case and Issue(s) Presented: Ozobax is indicated for treatment of spasticity resulting from multiple sclerosis, and particularly flexor spasms and concomitant pain, clonus, and muscular rigidity. While the use...more

Procopio, Cory, Hargreaves & Savitch LLP

Is Receipt of a Complaint Sufficient Notice For Claims of Indirect or Willful Infringement?

Forum shopping among patent owners pursuing claims for patent infringement is widespread. One factor a plaintiff may consider in selecting a forum arises out of a split among district courts that the Federal Circuit has yet...more

Schwabe, Williamson & Wyatt PC

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Foley & Lardner LLP

Important Decisions on the Scope of the ITC's Authority

Foley & Lardner LLP on

In the latter half of 2015, the Federal Circuit in Suprema v. ITC and ClearCorrect v. ITC issued two decisions addressing the scope of the International Trade Commission’s (“ITC”) authority to exclude infringing articles. In...more

McDermott Will & Emery

Patent Owner’s Licensing Program Was Fatal to Its Patent Infringement Theory - JVC Kenwood Corporation v. Nero, Inc.

McDermott Will & Emery on

Addressing whether an accused defendant infringed patents through the distribution of its software, the U.S. Court of Appeals for the Federal Circuit upheld the district court’s summary judgment that the defendant did not...more

McDonnell Boehnen Hulbert & Berghoff LLP

Standard Essential Patents Unenforceable on Theory of Indirect Infringement

A recent decision by the Federal Circuit in JVC Kenwood Corp. v. Nero, Inc., decided August 17, 2015, involves nuanced details of standard-essential patents, but arrived at a common sense result: either the patents at issue...more

Lathrop GPM

Akamai Reversed - Liability for Inducing Infringement Requires Proof of Direct Infringement by One Person

Lathrop GPM on

The United States Supreme Court in its opinion Limelight Networks, Inc. v. Akamai Technologies, Inc., 572 U. S. ____; Slip Op. No. 12–786 (June 2, 2014) (“Akamai”) holds that there cannot be liability for inducing...more

Fenwick & West LLP

Landmark Decision Limits the Authority of the International Trade Commission

Fenwick & West LLP on

The United States Court of Appeals for the Federal Circuit in Suprema, Inc., et al. v. International Trade Commission, Nos. 2012-1170, 2012-1026, -1124, Slip Op. December 13, 2013, issued a landmark decision limiting the...more

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