Popular, Patent Infringement, Corporate Counsel

CJEU Recognizes Cross-Border Jurisdiction of National Courts, Long-Arm Jurisdiction of UPC

McDermott Will & Schulte on 3/6/2025

The Court of Justice of the European Union (CJEU) issued a decision significantly expanding the capabilities of both the Unified Patent Court (UPC) and the national courts in EU Member States to issue cross-border injunctions...more

The Year in Patent Litigation – 2024 Popular Reads on JD Supra

Beacon Insights by JD Supra on 12/9/2024

File this: A roundup of some of the most widely read patent litigation updates, analysis, and guidance published on JD Supra throughout 2024....more

Is the Federal Circuit Breathing Life Back Into False Patent Marking Claims?

Pillsbury Winthrop Shaw Pittman LLP on 10/10/2024

The Federal Circuit determined that if a company misleads consumers about the nature of a product by making false patent marking claims, it can be held liable under the Lanham Act. False marking claims under the Lanham Act...more

A Baker's Dozen of Patent Law Developments for 2024

Baker Donelson on 7/18/2024

The world of intellectual property law is always changing, and it can be difficult to keep up. Here are 13 developments in patent law so far in 2024 to help you stay in the know....more

New Chinese Administrative Forum, CNIPA, Issues First Patent Infringement Decisions Against Generic Drug Makers

Morgan Lewis on 8/24/2022

The China National Intellectual Property Administration, a newly established administrative authority on patent infringement disputes, recently issued its first decisions, addressing questions many companies had on the...more

Insights Into the First Patent Trial in Waco, Texas - MV3 Partners v. Roku

Farella Braun + Martel LLP on 10/23/2020

A 7-person jury in Waco, Texas, recently returned its verdict in the first patent trial held before Judge Albright: defense verdict, no finding of infringement. In the MV3 Partners v. Roku dispute, MV3 Partners had sought...more

Recent Uptick in Patent Litigation Likely Due to Coronavirus and Legal Developments

White & Case LLP on 8/26/2020

White & Case Technology Newsflash - Companies with strong patent portfolios and those subject to infringement actions should note that patent litigation is on the rise. At the national level, 20Q2 patent filings were up 27...more

The ITC Can Exclude Products That Do Not Infringe At The Time of Importation | Firm Alert

Knobbe Martens on 3/5/2020

On March 2, 2020, the Federal Circuit issued Comcast v. ITC and held that the International Trade Commission (ITC) can block the importation of products that do not infringe a U.S. patent at the time of importation. The case...more

Federal Circuit Rules Presence of Google Servers in District Insufficient to Establish Venue

Fenwick & West LLP on 2/21/2020

On February 13, 2020, the U.S. Court of Appeals for the Federal Circuit reversed the Eastern District of Texas’ ruling that venue was proper in In re Google, 2019-126, halting for now the line of precedent finding that...more

Open Source Software Remains a Target as GNOME Foundation Hit with Patent Infringement Lawsuit

Shook, Hardy & Bacon L.L.P. on 10/10/2019

In a move that evidences an emerging pattern, Rothschild Patent Imaging LLC, a non-practicing entity (“NPE”), has filed a complaint asserting patent infringement against the open source software organization, the GNOME...more

Federal Circuit Holds That Claim Language Can Limit The Scope Of A Design Patent

Weintraub Tobin on 9/27/2019

In Curver Luxembourg SARL v. Home Expressions Inc., case number 18-2214, the U.S. Court of Appeals for the Federal Circuit recently held that the claim language of a design patent can limit its scope where the claim language...more

District of Colorado Upholds Eligibility of Liquid Cannabinoid Formulations in First-Ever Cannabis Patent Infringement Suit

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 4/22/2019

On April 17, 2019, United Cannabis Corporation (UCANN)—the first party to enforce a cannabis patent in federal court—survived an early patent-eligibility challenge brought by the accused infringer Pure Hemp. U.S. District...more

New ITC Rules For Patent Infringement Cases: Adding Fuel To The Ultimate Rocket Docket

Weintraub Tobin on 5/24/2018

The United States International Trade Commission (“ITC”) is a Federal agency that deals with matters involving trade. Among its many responsibilities, the ITC investigates a variety of issues related to trade including...more

It’s 2018: The Impact Of IP Decisions From 2017

Ladas & Parry LLP on 4/12/2018

2017 saw a bumper crop of Supreme Court decisions on intellectual property matters around the world including eight by the United States Supreme Court, two by the Canadian Supreme Court, and two by the United Kingdom Supreme...more

Protecting Artificial Intelligence IP: Patents, Trade Secrets, or Copyrights?

Jones Day on 1/12/2018

The Situation: Artificial intelligence ("AI") technology is exploding across virtually all industries. Technology companies are innovating at warp speed, and even companies that do not principally identify as "technology...more

Latest Developments in European Patent Law: How to Apply Them in Both the United States and Europe

Knobbe Martens on 8/21/2017

Agenda: • UK Supreme Court Decision on Infringement – “Equivalents” – Use of the prosecution history • Doctrine of Equivalents in the United States • Plausibility before the EPO and UK courts – Inventive step of...more

Actavis v. Eli Lilly1: Back to the future - The UK Supreme Court changes the test for patent infringement

WilmerHale on 7/14/2017

The UK Supreme Court rarely hears patent cases, and will only hear cases that it considers to be fundamentally important. The court's July 12 judgment is most significant for changing the test for infringement in the United...more

Iwncomm v. Sony: first SEP-based injunction granted in China

A&O Shearman on 4/11/2017

The Beijing IP Court recently handed down a landmark decision concerning infringement of a standard essential patent (SEP) in the Iwncomm v. Sony case. The court found that Sony had infringed a SEP relating to a national...more

Supreme Court Changes Standard for Determining Damages for Design Patent Infringement

Burr & Forman on 12/7/2016

Samsung Electronics Co., Ltd. v. Apple Inc. (No. 15-777) - In the closely-watched Samsung v. Apple case, the Supreme Court today issued a landmark ruling that changed the long-standing rule for calculating damages for...more

Federal Circuit Narrows Availability of CBM Patent Review

Ballard Spahr LLP on 11/23/2016

In a key decision that both patent owners and accused infringers need to be aware of, the U.S. Court of Appeals for the Federal Circuit has significantly narrowed the availability of "covered business method" (CBM) patent...more

Avoiding CBM Proceedings Through Statutory Disclaimers: A Case-Study and a Look to the Future

Faegre Drinker Biddle & Reath LLP on 11/4/2016

Like a lizard shedding its tail to avoid capture, patent owners continue to escape Covered Business Method (CBM) proceedings by disclaiming claims clearly directed to financial products or services. Despite growing tension...more

The 9th Circuit Injects Some “Octane” into the Lanham Act Attorneys’ Fee Provision

Dorsey & Whitney LLP on 11/1/2016

In the immortal words of the most recent Nobel Laureate in literature, “the times they are a changin.’” Section 35(a) of the Lanham Act provides that “[t]he court in exceptional cases may award reasonable attorney fees to...more

Patent Owner Asserts 101 Ineligibility Is Not a Defense That Can Be Raised in Litigation

Saul Ewing LLP on 10/4/2016

On September 26, 2016, RPost Communications Limited (“RPost”) filed a brief in the United States Court of Appeals for the Federal Circuit (“Federal Circuit”), arguing that the district court did not have statutory authority...more

Federal Circuit Court of Appeals Limits Common Sense in Obviousness Determinations in Patent Claims

Brownstein Hyatt Farber Schreck on 8/29/2016

On August 10, 2016, the Federal Circuit Court of Appeals tightened the usage of common sense and in doing so clarified the criteria for applying it in an obviousness determination. Arendi S.A.R.L., Appellant v. Apple Inc.,...more

Lingering in Lexmark's wake, uncertainty about the limits of patent exhaustion

Fenwick & West LLP on 3/8/2016

According to ten judges of the Federal Circuit, a patent owner’s right to sue for infringement in the United States is not exhausted by sales of products abroad or by sales subject to valid post-sale contractual restrictions...more

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