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Summary Judgment Appeals IP License

McDermott Will & Emery

Radio Silence Alone Doesn’t Prove Equitable Estoppel Defense

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The US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment grant based on an equitable estoppel defense, finding that the accused infringer failed to show that the patent owner’s silence or...more

McDonnell Boehnen Hulbert & Berghoff LLP

Phytelligence, Inc. v. Washington State University (Fed. Cir. 2020)

One of the banes of any practicing patent attorney's professional existence is counseling clients on licensing agreements where the parties attempt to avoid setting forth definitive terms on contract provisions regarding...more

McDonnell Boehnen Hulbert & Berghoff LLP

BASF Corp. v. SNF Holding Co. (Fed. Cir. 2020)

In what may be simple happenstance, the Federal Circuit issued opinions on the same day reversing a District Court grant of summary judgment in opinions written by Judge Lourie, here in BASF Corp. v. SNF Holding Co....more

McDermott Will & Emery

All in the Family: Prior Patent License Implicitly Grants License to Asserted Patent

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The US Court of Appeals for the Federal Circuit affirmed a district court dismissal, finding that a patent license implicitly licensed all parents and continuations that disclosed the same invention as the explicitly licensed...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2020 #2

PATENT CASE OF THE WEEK - Samsung Electronics America, Inc. v. Prisua Engineering Corp., Appeal No. 2019-1169, -1260 (Fed. Cir. Feb. 4, 2020) - Our case of the week concerns issues particular to inter partes review...more

Bradley Arant Boult Cummings LLP

When Merger Clauses Don't Merge - Intellectual Property News

Last week, a divided panel of the Federal Circuit extinguished Molon Motor and Coil Corporation’s hopes of going forward with a patent infringement suit against its electric motor industry competitor Nidec Motor Corporation....more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2019 #3

PATENT CASE OF THE WEEK - Inspired Development Grp, LLC v. Inspired Products Grp., LLC, Appeal No. 2018-1616 (Fed. Cir. Sept. 18, 2019) - Our first patent case of the week is not, according to the Federal Circuit, a...more

Knobbe Martens

Federal Circuit Applies Collateral Estoppel and Avoids Antitrust Issues

Knobbe Martens on

INTELLECTUAL VENTURES I LLC v. CAPITAL ONE FINANCIAL CORP. Before Prost, Bryson, and Reyna. Appeal from the United States District Court for the District of Maryland. Summary: The Federal Circuit applied collateral...more

McDermott Will & Emery

Party Raising “First Sale” Defense to Copyright Infringement Bears Initial Burden of Proof - Adobe Systems Inc. v. Christenson et...

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Addressing the appropriate allocation of the burden of proof related to the “first sale” defense to copyright infringement, the U.S. Court of Appeals for the Ninth Circuit confirmed that the initial burden of proof falls on...more

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