Patent Litigation, Intellectual Property Protection, Willful Infringement

The Most Interesting Appellate Cases of 2024

Fish & Richardson on 2/11/2025

Appellate courts issued a variety of notable intellectual property (IP) cases in 2024, including cases touching on Orange Book listings, extraterritoriality, willful infringement, design patent obviousness, and public...more

PTAB Denies Motion for Joinder After Unsuccessful District Court Invalidity Challenge

Jones Day on 2/3/2025

On June 6, 2024, Shenzhen Waydoo Intelligence Technology Co., Ltd. (“Waydoo”) filed a petition for inter partes review (“IPR”) of U.S. Patent No. 9,359,044 (“the ’044 Patent”) (“IPR998”), assigned to MHL Custom, Inc. (“MHL”)....more

The Price of “Sandbagging”: Judge McMahon Orders Sanctions Against Patent Plaintiff For Switching Damages Theory on Eve of Retrial

Patterson Belknap Webb & Tyler LLP on 12/3/2024

On November 12, 2024, Judge McMahon (S.D.N.Y.) granted defendant Lutron Electronics Co.’s motion for sanctions against plaintiff Geigtech East Bay LLC, and precluded Geigtech from presenting any theory of damages on retrial...more

Slicing Through Insufficient Evidence of Infringement, Willfulness, and Damages

Sheppard Mullin Richter & Hampton LLP on 11/4/2024

The sufficiency of evidence required to support a denial of a motion for judgment as a matter of law and a motion for a new trial for infringement, willful infringement, and damages....more

Judge Gardephe Denies Dispositive Motions in Massage-Device Patent Case

Patterson Belknap Webb & Tyler LLP on 11/10/2023

In a recent decision in a patent case between massage-device companies, Judge Gardephe (S.D.N.Y.) adopted two recommendations of the magistrate judge. The first R&R recommended denial of Defendant Tzumi’s motion for partial...more

10x Genomics and Stanford’s Genomic Patents Determined Patent Eligible

Herbert Smith Freehills Kramer on 9/19/2023

On Sept. 14, 2023, the U.S. District Court for the District of Delaware denied defendant Parse Biosciences Inc.’s (Parse) motion to dismiss a complaint filed by plaintiffs 10x Genomics Inc. (10x) and the Board of Trustees of...more

Amended Complaint Gives Plaintiff a Do-Over, Not the Defendant

Irwin IP LLP on 5/19/2023

Power Probe Grp., Inc. v. Innova Electronics Corp., 21-cv-00332 (D. Nev. Apr. 27, 2023) While it is accepted that filing an amended complaint supersedes the original complaint rendering it without legal effect, a defendant...more

A U.S. View on the UPC – Part 2: Damages

Haug Partners LLP on 5/11/2023

On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action. This series of articles –...more

What Is the Scope of a Work Product Waiver in a Willful Patent Infringement Context?

McGuireWoods LLP on 2/9/2023

Litigants accused of willful patent infringement sometimes rely on an "advice of counsel" defense. Interestingly, courts have recognized a distinction between such a defense in the privilege and the work product contexts....more

Claims With Clerical Errors Can Be Judicially Corrected and Willfully Infringed

Knobbe Martens on 6/6/2022

PAVO SOLUTIONS LLC v. KINGSTON TECHNOLOGY COMPANY, INC. Before: Lourie, Prost, and Chen. Appeal from the United States District Court for the Central District of California. Summary: A court can correct obvious minor...more

Willful Infringement Does Not Require “Wanton, Malicious, and Bad-Faith” Behavior

Knobbe Martens on 9/29/2021

SRI INTERNATIONAL, INC. v. CISCO SYSTEMS, INC. Before LOURIE, O’MALLEY, and STOLL. Appeals from the United States District Court for the District of Delaware. Summary: Applying the proper test for willful...more

Nota Bene Episode 99: Unpacking the Pendulum of American Patent Policy Then, Now, and Forward with Rob Masters

Sheppard Mullin Richter & Hampton LLP on 10/6/2020

As we pivot into the next generation of technology for the 21st century, we’re taking a look at the only intellectual property rights to be mentioned in the U.S. Constitution – patents. We’re joined by Rob Masters to explore...more

A Guide To West Texas Patent Cases Before Albright: Part 2

WilmerHale on 9/14/2020

Our earlier Law360 guest article highlighted the rapid rise in prominence of the Waco Division of the U.S. District Court for the Western District of Texas since U.S. District Judge Alan Albright was appointed to that court...more

Patent Infringement: Successful Litigation Stays the "Course"

Harris Beach Murtha PLLC on 2/6/2020

What happens when your competitors infringe your patent for golf equipment – then declare bankruptcy to avoid paying up? In this episode, Harris Beach intellectual property (IP) attorneys share the story behind the $12...more

Cert. Roundup

Akerman LLP - Marks, Works & Secrets on 12/5/2019

The American Bar Association (“ABA”) filed an amicus brief with the Supreme Court in support of the petitioner in Romag Fasteners, Inc. v. Fossil, Inc., No. 18-1233....more

Cert. Roundup: Romag’s Opening Brief: Imposing a Willfulness Requirement to Recapture Profits is Inconsistent with Statute,...

Akerman LLP - Marks, Works & Secrets on 11/22/2019

In June 2019, the United States Supreme Court granted certiorari in Romag Fasteners Inc. v. Fossil Inc., et al., No. 18-1233. As set forth in our previous blog post, Romag Fasteners Inc. (“Romag”) seeks to have the Court...more

Patent Litigation › Intellectual Property Protection › Willful Infringement

The Most Interesting Appellate Cases of 2024

PTAB Denies Motion for Joinder After Unsuccessful District Court Invalidity Challenge

The Price of “Sandbagging”: Judge McMahon Orders Sanctions Against Patent Plaintiff For Switching Damages Theory on Eve of Retrial

Slicing Through Insufficient Evidence of Infringement, Willfulness, and Damages

Judge Gardephe Denies Dispositive Motions in Massage-Device Patent Case

10x Genomics and Stanford’s Genomic Patents Determined Patent Eligible

Amended Complaint Gives Plaintiff a Do-Over, Not the Defendant

A U.S. View on the UPC – Part 2: Damages

What Is the Scope of a Work Product Waiver in a Willful Patent Infringement Context?

Claims With Clerical Errors Can Be Judicially Corrected and Willfully Infringed

Willful Infringement Does Not Require “Wanton, Malicious, and Bad-Faith” Behavior

Nota Bene Episode 99: Unpacking the Pendulum of American Patent Policy Then, Now, and Forward with Rob Masters

A Guide To West Texas Patent Cases Before Albright: Part 2

Patent Infringement: Successful Litigation Stays the "Course"

Cert. Roundup

Cert. Roundup: Romag’s Opening Brief: Imposing a Willfulness Requirement to Recapture Profits is Inconsistent with Statute,...

IoT Lighting Industry Giants Hit with Patent Infringement Suit

Copycat Flattened by Patent & Trade Dress Jury Verdict in Win for Tieks Shoes

Sri International, Inc. v. Cisco Systems, Inc.

Utility Patents and the Sneaker Wars: Nike Alleges Infringement of Multi-Billion Dollar Technologies

Ribbon Communications Files Two More Lawsuits against Metaswitch In Ongoing Patent Battle

Judge Sweet Allows a Plaintiff to Amend Its Complaint More Than 2 Years After It Was Originally Filedtheat

Heartburn for Defense After Jury Verdict in Pepcid® Dispute

The Supreme Court to Review Enhanced Damages -- Octane Revisited, or Something Entirely Different?

Patent Litigation › Intellectual Property Protection › Willful Infringement

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