News & Analysis as of

Patent Litigation Licenses

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Reexamination and Reissue for Plant Patents: An Underused Avenue for Patent Owner’s to Strengthen Cultivar Protection

As plant innovation moves into a new era—driven by climate adaptation, consumer preferences, and advanced breeding techniques—most attention on plant patents focuses on securing the initial grant. Yet, in rare instances,...more

Smith Anderson

Biotech Licensing Caselaw Update - 2024 Year in (Brief) Review

Smith Anderson on

Last year was a surprisingly big one for legal decisions impacting the biotechnology transactions and licensing space. Given that most biotech deals are subject to confidential alternative dispute resolution, it is unusual...more

WilmerHale

The Broken Balance: How “Built-in Apportionment” and the Failure to Apply Daubert Have Distorted Patent Infringement Damages

WilmerHale on

The United States patent system is designed to be a balance: in exchange for the inventor disclosing their invention to the public, pa-tentees are granted exclusive rights to that invention for a period of time. This ensures...more

Mintz - Intellectual Property Viewpoints

France Has Entered the Chat: Sun Patent Trust Asks French Court to Determine Global FRAND Rate for LTE-Advanced SEPs

Last week, Sun Patent Trust sued Xiaomi in France for infringement of patents claimed to be essential to the LTE-Advanced standard. In its suit, Sun Patent Trust asked French courts to set a global FRAND rate—something that...more

McDermott Will & Schulte

Mandamus Denied but Jurisdictional Door Left Open a Crack

The US Court of Appeals for the Federal Circuit denied a patent owner’s writ of mandamus seeking to prevent a defendant from amending its answer to add an affirmative licensing defense, but also noted that the defense was...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Appealing IPR Decisions – Art. III Standing in the Context of Litigation Settlements and Licenses

The Federal Circuit has provided additional guidance about an appellant’s standing to appeal IPR decisions after settling the related litigations and entering into patent license agreements. In its second decision between...more

McDermott Will & Schulte

One for All, and All for One . . . Except When It Comes to Patent License Comparability

Examining whether portfolio patent licenses can be sufficiently comparable to a single-patent license for the purposes of supporting a patent damages verdict, a split panel of the US Court of Appeals for the Federal Circuit...more

McDermott Will & Schulte

McDermott International Legal Highlights November 2016

McDermott Will & Schulte on

The New World of Global Tax Planning: a Checklist for Success - As all multinationals (MNEs) are discovering, domestic implementation of the recommendations set out in the base erosion and profit shifting (BEPS) final...more

Morris James LLP

Case Is Partially Stayed While Motion To Dismiss Is Decided

Morris James LLP on

International Business Machines Corporation v. The Priceline Group Inc., et al., C.A. No. 15-137-LPS-CJB, August 18, 2015. Burke, M. J. Defendants’ motion to stay pending resolution of defendants’ motion to dismiss...more

Mintz

Patent Hold-Up or Patent Hold-Out? Judge Essex Adds His Voice to the SEP-FRAND Debate

Mintz on

Administrative Law Judge Essex recently issued the public version of his Initial Determination in ITC investigation No. 337-TA-868, ruling that the respondents are precluded from relying on the defense that the patent holder...more

McDermott Will & Emery

Implied License Limited to Continuation Applications, Not to Provisionals

Endo Pharmaceuticals Inc. v. Actavis, Inc. - Addressing the issue of implied license, the U.S. Court of Appeals for the Federal Circuit vacated and remanded a lower court’s denial of a preliminary injunction, finding...more

Bracewell LLP

Echoes from the Gunn? Aggravated States and Demand Letters

Bracewell LLP on

A gunshot that cracks the silence of an old west desert canyon creates an echo coming from all directions. A Supreme Court decision can make similar reverberations throughout the legal world. Last year, just such a sound...more

Foley & Lardner LLP

Federal Circuit Refuses to Find Implied License for Endo Opana Patents

Foley & Lardner LLP on

In Endo Pharmaceuticals, Inc. v. Actavis, Inc., the Federal Circuit reversed the district court’s decision denying Endo’s motion for summary judgment of infringement based on an implied license. The Federal Circuit found that...more

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