News & Analysis as of

Patent Infringement Validity Patent Litigation

McDermott Will & Schulte

Specification controls: Written description must be clear

The US Court of Appeals for the Federal Circuit reversed a district court’s decision upholding patent validity, finding that the subject patent’s specification clearly established that the written description failed to...more

McDermott Will & Schulte

One Claim Construction Error Is Enough to Trigger New Trial on Infringement

The US Court of Appeals for the Federal Circuit re-affirmed that incorrect construction of even a single claim element can be grounds for a new trial on infringement. Network-1 Technologies, Inc. v. Hewlett-Packard Company,...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

McDermott Will & Emery

Broadest Reasonable Interpretation Persists as Standard for Claim Construction in AIA Proceedings - In re Cuozzo Speed Techs., LLC

In a deeply divided opinion addressing the claim construction standard in post-grant America Invents Act (AIA) proceedings, the U.S. Court of Appeals for the Federal Circuit denied a petition for rehearing en banc, leaving in...more

Ladas & Parry LLP

Challenge to Patent Validity by a Licensee

Ladas & Parry LLP on

The United States Supreme Court has issued a decision which some commentators believe may increase the risk that patent licensees will challenge the validity of patents under which they are licensed....more

Faegre Drinker Biddle & Reath LLP

District Court Delivers Significant Blow to GS CleanTech's Patents

A recent ruling in a closely watched patent infringement case involving several patents relating to methods for processing ethanol byproducts — and specifically recovering oil from thin stillage — could significantly impact...more

Patterson Belknap Webb & Tyler LLP

An Unforeseen Obstacle: Consultants Can Prevent Validity Challenges Through the Use of the Assignor Estoppel Doctrine

Imagine hiring a consultant who designs a process, only to find that the process infringes a patent invented by the same consultant owned by someone else. How much worse would it be if your use of that consultant prevented...more

Ladas & Parry LLP

Annulment of Damages Awards when a Patent Subsequently Found Invalid or Partially Invalid by a Different Tribunal.

Ladas & Parry LLP on

Recent cases on each side of the Atlantic have highlighted the issues that can occur when consideration of validity is separated from that of infringement and a final determination of infringement is reached by one tribunal...more

Akerman LLP

Fresenius v. Baxter: The Importance of Timing in Patent Litigation

Akerman LLP on

The Federal Circuit’s recent decision in Fresenius USA, Inc. v. Baxter Int’l, Inc., illustrates the potential value of challenging a patent's validity through administrative proceedings in the U.S. Patent & Trademark Office...more

King & Spalding

Intellectual Property Newsletter - July 2013

King & Spalding on

In This Issue: - Good-faith Belief in Patent Invalidity Can Rebut Allegations of Induced Infringement - With the PTO’s cancellation of claims on reexam, a prior validity ruling goes poof - Grant of a Permanent...more

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