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Patent Infringement Infringement Patent Litigation

A&O Shearman

UPC Court of Appeal confirms its jurisdiction over infringements that pre-date the UPC Agreement

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Xsys Italia v. Esko-Graphics ORD_23545/2025 - The Court of Appeal of the Unified Patent Court (UPC) has delivered a decision clarifying the temporal scope of the UPC’s jurisdiction over European patent infringement...more

Knobbe Martens

Going down With the Ship: Non-infringing Indications Are Barred When Listed in the Same ANDA as Infringing Indications

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SALIX PHARMACEUTICALS, LTD. v. NORWICH PHARMACEUTICALS., INC. Before Lourie, Chen, and Cunningham.  Appeal from the District of Delaware Summary: The Federal Circuit ruled that an ANDA listing an infringing indication cannot...more

Fish & Richardson

ITC Monthly Wrap-Up: September 2023

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This month’s ITC Wrap-Up reviews recent developments in the Commission’s scope of authority to review (1) infringement by “alternative” products and (2) infringement of claims other than those a product was accused of...more

Carlton Fields

Second Circuit Affirms District Court Decision To Compel Arbitration In Patent Infringement Battle Between LG And WI-LAN

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A Second Circuit 3-judge panel affirmed a district court decision denying a request for declaratory and injunctive relief while subsequently compelling arbitration in a licensing infringement suit. On appeal, LG Electronics,...more

Morris James LLP

Improperly Plead Complaint Is Dismissed

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The court declines to consider extrinsic evidence in the context of this motion to dismiss. However, the complaint is deficient in that the decision to lump two defendants together in addressing the direct infringement claim...more

McDonnell Boehnen Hulbert & Berghoff LLP

G.D. Searle LLC v. Lupin Pharmaceuticals, Inc. (Fed. Cir. 2015)

Over seven years ago, the Federal Circuit delivered a mixed ruling against Pfizer in litigation against Teva) relating to the pain medication Celebrex® (celocoxib) (where "celocoxib" is...more

King & Spalding

ITC Section 337 Update - June 2015

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District Court Declines Barnes & Noble’s Request To Apply Kessler Doctrine To ITC Non-Infringement Decision – On May 31, 2015, United States Magistrate Judge Paul Grewal of the U.S. District Court for the Northern...more

Nossaman LLP

Good Faith Belief In Patent Invalidity Is No Defense To Claim Of Inducing Infringement

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Commil, USA, LLC sued Cisco Systems, Inc. for patent infringement and inducing patent infringement with regard to Commil’s patented method of implementing short-range wireless networks. Today, in Commil, USA, LLC v. Cisco...more

Stinson LLP

Supreme Court Decision Eliminates Defense to Claim of Inducing Infringement

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The U.S. Supreme Court ruled Tuesday, May 26 that a good-faith belief that a patent is invalid is not a defense to a claim of inducing infringement. Commil USA, LLC v. Cisco Sys., Inc., No. 13-1986 (May 26, 2015). The Supreme...more

Morris James LLP

Reargument Motion Is Denied; Belated Contentions Are Stricken

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A reasonable juror could only conclude that defendant had proven reasonable diligence. The motion for reargument contains arguments previously heard and the court will not now rethink its decision. ...more

King & Spalding

ITC Section 337 Update - March 2015 #2

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Commission Declines MEGA Brands’ Request For Early Disposition Of Domestic Industry – As reported in the March 12, 2015 edition of the ITC Section 337 Update, proposed Respondent MEGA Brands filed public interest comments...more

McDonnell Boehnen Hulbert & Berghoff LLP

Court Report - February 2015 #4

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Novartis Vaccines and Diagnostics, Inc. et al. v. Pfizer, Inc. 2:15-cv-01283; filed February 18, 2015 in the District...more

McDermott Will & Emery

Defense of Laches in Patent Cases to Be Reviewed En Banc - SCA Hygiene Products Aktiebolag, et al. v. First Quality Baby Products,...

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The U.S. Court of Appeals for the Federal Circuit has order for en banc review of the defense of laches in patent cases in order to evaluate the impact of the Supreme Court’s laches decision in the copyright case Petrella v....more

McDermott Will & Emery

Assignment Consideration Can Be Representation, Support and Opportunity - Memorylink Corp. v. Motorola Solutions, Inc.

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Addressing whether a patent was properly assigned and whether claims of inventorship fraud were properly barred by the statute of limitations, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s summary...more

Mintz - Intellectual Property Viewpoints

The En Banc Federal Circuit Hears Argument in Suprema, Inc. v. ITC

On Thursday, February 5, 2015, the en banc Federal Circuit heard oral argument in the matter of Suprema, Inc. v. ITC, reviewing its controversial panel decision holding that in ITC investigations induced infringement cannot...more

McDermott Will & Emery

Damage Award Slashed as Court Finds Defenses Were Not Objectively Assessed - Stryker Corp. v. Zimmer, Inc.

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Addressing the issue of willful infringement, the U.S. Court of Appeals for the Federal Circuit reversed the lower court’s finding of willful infringement and award of attorneys’ fees, finding that the defenses asserted by...more

Womble Bond Dickinson

Python Safety Files Trade Dress and Patent infringement Complaint Against Ty-Flot

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On June 18, 2014, Python Safety, Inc. (“Python”), of Woodstock, GA filed a complaint against Ty-Flot, Inc. (“Ty-Flot”), of Manchester, NH, alleging federal trade dress infringement and unfair competition, infringement of US...more

Katten Muchin Rosenman LLP

Supreme Court Unanimously Rejects Federal Circuit Standards for Indefiniteness and Induced Infringement

The US Supreme Court issued two anticipated decisions on June 2, 2014, relating to the US Court of Appeals for the Federal Circuit's standards for indefiniteness and induced infringement. In the first, Nautilus, Inc....more

Fenwick & West LLP

Litigation Alert: Supreme Court Revives 'Divided Infringement' Defense to Inducement

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Limelight Networks, Inc. v. Akamai Technologies, Inc., No. 12-786, Slip Op. (June 2, 2014) - The United States Supreme Court has revived “divided infringement” as a defense to claims for inducement of patent...more

Womble Bond Dickinson

NewPoint Media Seeks Declaration of Non-Infringement of Easy IP Patent and Copyrights Covering Custom Advertisement Creation

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NewPoint Media Group, LLC (“NewPoint Media”), filed a complaint in the Northern District of Georgia seeking a declaratory judgment against Easy Intellectual Property Licenses, LLC (“Easy IP”) declaring that NewPoint Media...more

Morrison & Foerster LLP

Supreme Court Unanimously Overrules Federal Circuit’s Decision in Akamai

In a unanimous and unequivocal opinion, the Supreme Court ruled yesterday that liability for inducement of patent infringement requires that the induced entity itself perform every element of a claim, and thus directly...more

Foley & Lardner LLP

Supreme Court Reverses Federal Circuit on Induced Infringement in Limelight Networks, Inc. v. Akamai

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On June 2, 2014, the Supreme Court issued a unanimous decision in Limelight Networks, Inc. v. Akamai Technologies, Inc., reversing the en banc Federal Circuit decision and holding that there can be no liability for induced...more

McDermott Will & Emery

Suppliers May DJ an NPE, But It Won’t Be Easy - Microsoft v. DataTern, Inc.

Addressing declaratory judgment jurisdiction based infringement allegations against customers, the U.S. Court of Appeals for the Federal Circuit affirmed in part and reversed in part the district court’s finding of...more

Womble Bond Dickinson

Complaint Seeks To Fence Competitor Out Of Field

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Barrette Outdoor Living, Inc. (“Barrette”), an Ohio corporation with a place of business in Jefferson, Georgia, brought a patent infringement action against Porcelen, Limited, Connecticut, LLC, for patent infringement of the...more

McDermott Will & Emery

An Accused Device Is “Modified” by the Installation of Software - Nazomi Commc’ns., Inc. v. Nokia Corp.

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Revisiting the wording of claims that recite a combination of hardware and software, the U.S. Court of Appeals for the Federal Circuit upheld a holding of non-infringement. Nazomi Commc’ns., Inc. v. Nokia Corp., Case No....more

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