News & Analysis as of

Patent Infringement Federal Rules of Civil Procedure Claim Construction

Vorys, Sater, Seymour and Pease LLP

The Precedent: The Federal Circuit Remands and Reassigns District Court Patent Infringement Case to a New Judge

In this edition of The Precedent, we outline the decision in Trudell Medical International Inc. v. D R Burton Healthcare LLC. The U.S. Court of Appeals for the Federal Circuit recently affirmed in part, reversed in part and...more

Fish & Richardson

Texas Round-Up: February 2025

Fish & Richardson on

This post summarizes some of the significant developments from the Texas District Courts for the month of February 2025....more

Knobbe Martens

New Trial Granted Because “Nearly All” of the Defendant’s Noninfringement Evidence Was Untimely

Knobbe Martens on

The district court erred by admitting untimely expert testimony on noninfringement and by refusing to grant a new trial after the jury found noninfringement. Trudell Medical International (“Trudell”) sued D R Burton...more

McDermott Will & Emery

Magazine Reload: Claim Construction Error Requires Reversal and Remand

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment ruling based on a claim construction error because nothing in the claims or specification of the asserted patent supported the...more

WilmerHale

CAFC Patent Cases, 10/26/20 – 11/09/20

WilmerHale on

Precedential Federal Circuit Opinions: In Re NITRO FLUIDS L.L.C. [ORDER] (2020-0142, 10/28/28) (REYNA, WALLACH, and CHEN)  - Reyna, J.  The Court considered a petition for a writ of mandamus seeking transfer from the...more

Sheppard Mullin Richter & Hampton LLP

Intellectual Property Outlook: Cases and Trends to Follow in 2020 — Part 3

In this four-part series, we take a look forward at the cases, legislation, and other trends that are likely to have a significant impact on intellectual property law and practice in 2020. In the first two parts of the...more

Jones Day

Tenth Anniversary Update: Annotated Local Patent Rules for the Northern District of Illinois

Jones Day on

Ten years ago, in an effort to create greater predictability for patent litigation in the Northern District of Illinois, the District enacted Local Patent Rules ("LPR") This annotated version of the LPRs is released in honor...more

McDermott Will & Emery

Where There’s a Claim Construction Dispute, Resolve It Before Ruling on Ineligibility

McDermott Will & Emery on

Addressing patent eligibility under 35 USC § 101, the US Court of Appeals for the Federal Circuit vacated and remanded a district court’s decision for failure to address the parties’ claim construction dispute before ruling...more

Mintz - Intellectual Property Viewpoints

Claim Construction of “Customary and Ordinary” Meaning Does Not Justify Amendment of Noninfringement and Invalidity Contentions

Recently, in a patent infringement action pending in the Eastern District of Michigan, Webasto Thermo & Comfort N. Am., Inc. v. BesTop, Inc., No. 2:16-cv-13456, Order No. 209 (E.D. Mich. May 20, 2019) (Borman, J.), the court...more

Bradley Arant Boult Cummings LLP

Federal Circuit Finds General Allegations of Infringement Sufficient under Iqbal/Twombly

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

Jones Day

2018 Update: Annotated Local Patent Rules for the Northern District of Illinois

Jones Day on

In an effort to create greater predictability for patent litigation in the Northern District of Illinois, the District enacted Local Patent Rules ("LPR") effective as of October 1, 2009. This annotated version of the LPRs...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Nalco Co. v. Chem-Mod, LLC, Appeal No. 17-1036 (Fed. Cir. Feb. 27, 2018) In Nalco Company v. Chem-Mod, LLC, the Federal Circuit reviewed the district court’s decision to dismiss Nalco Company’s complaint for failure to...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - April 2016 #2

DISTRICT COURT - Expert’s Failure to Disclose Certain Materials Relied upon in Forming Opinion Warrants Mistrial - On February 29, 2016, Judge Robert Payne of the Eastern District of Virginia declared a mistrial as...more

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