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IP License › Motion to Dismiss › Patent Infringement

Akin Gump Strauss Hauer & Feld LLP

Plaintiff’s Declaratory Action Not Anticipatory Litigation Due to Patentee’s Delayed Response to Licensing Request

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The Central District of California denied a defendant’s motion to dismiss or transfer plaintiff’s first-filed declaratory judgement action based on defendant’s later-filed patent infringement suit in Wisconsin. Though suit...more

Knobbe Martens

Notice Letters and Communications May Form a Basis for Personal Jurisdiction

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APPLE INC. v. ZIPIT WIRELESS, INC. [OPINION]- PRECEDENTIAL - Before Hughes, Mayer and Stoll.  Appeal from the United States District Court for the Northern District of California. Summary: Notice letters and related...more

McDonnell Boehnen Hulbert & Berghoff LLP

Gensetix, Inc. v. Board of Regents of the University of Texas System (Fed. Cir. 2020)

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In a conundrum worthy of a law school civil procedure examination, plaintiff Gensetix found itself apparently with no remedy for infringement by Baylor College of Medicine, Diakonos Research Ltd., and William Decker of...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Holds Ambiguity in License Terms Precludes Dismissal on the Pleadings

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Although a valid license can provide a complete defense to patent infringement, the tangled web created when the defense is predicated on a sublicensee’s rights following bankruptcy of the sublicensor may preclude resolution...more

Bradley Arant Boult Cummings LLP

Federal Circuit Says Motion to Dismiss Stage Too Early to Use Patent License Defense - Intellectual Property News

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Last week, the Federal Circuit revived a patent infringement suit brought by Fraunhofer-Gesellschaft zur Forderung der angewandten Forschung E.V. against Sirius XM Radio Inc. in the District of Delaware when it vacated the...more

Knobbe Martens

Sublicense May Survive Termination of a Main License

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FRAUNHOFER-GESELLSCHAFT v. SIRIUS XM RADIO INC. Before Dyk, Linn, and Taranto.  Appeal from the District of Delaware. Summary:  Contract interpretation must be applied in determining whether a sublicense survives...more

Mintz - Intellectual Property Viewpoints

Insincere Licensing Discussions Can Support a Willful Infringement Claim

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A recent order from the Northern District of California provides patent practitioners interesting guidance regarding conduct during licensing discussions—and may be a cautionary tale to potential licensors engaged in...more

Mintz - Intellectual Property Viewpoints

Sued Customers Insufficient to Prove a Supplier’s Actual Case or Controversy Against Patentee

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In an interesting order issued recently in BroadSign International, LLC v. T-Rex Property AB, Judge Swain of the Federal District Court for the Southern District of New York dismissed the Plaintiff’s declaratory judgment of...more

Jones Day

Eleventh Amendment Revisited – Board Again Finds Sovereign Immunity Applies to PTAB

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Less than four months after its decision in Covidien LP v. University of Florida Research Foundation Incorporated, finding that Eleventh Amendment sovereign immunity applies to PTAB proceedings, the Board has again dismissed...more

Carlton Fields

In Battle Over Patents, Non-Signatory Ties Too Uncertain To Grant Motion To Dismiss

Carlton Fields on

The District Court of Colorado recently denied Defendant Garmin International’s motions to dismiss and to stay pending arbitration, concluding that Plaintiff MSPBO was not bound by an arbitration agreement to which it was not...more

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