The Federal Circuit’s decision last week in Fox Factory, Inc. v. SRAM, LLC provided clarity regarding the nexus requirement of secondary considerations of non-obviousness, particularly with respect to whether a patentee is...more
Prosecution history estoppel can bar a claim of patent infringement under the doctrine of equivalents where a patentee’s statements lead a competitor to reasonably believe the patentee had surrendered the relevant subject...more
On Tuesday, July 23, 2019, the Federal Circuit declined to fashion design-patent-specific doctrines of exhaustion or repair. Automotive Body Parts Ass’n v. Ford Global Techs., LLC, Case No. 2018-1613, slip op. at 2 (Fed. Cir....more
INTRODUCTION & BACKGROUND -
On May 8, 2019 in Amgen, Inc. v. Sandoz International GmbH, the Federal Circuit Court affirmed the district court’s judgment, concluding that the district court correctly construed the claims and...more
On Wednesday, May 9, 2018, the Federal Circuit settled another question raised by last year’s TC Heartland decision and reaffirmed the long-standing rule that foreign defendant corporations may be sued for patent infringement...more
In AIA America, Inc. v. Avid Radiopharmaceuticals, the Federal Circuit considered whether the Seventh Amendment provides the right to a jury trial to determine entitlement to attorneys’ fees.
During the case on the merits,...more
In a case pending in the Eastern District of Virginia, set to begin trial on June 12, 2017, the defendants filed a motion to transfer the case to the Eastern District of Tennessee following the Supreme Court’s decision in TC...more
Torrent Pharmaceuticals (“Torrent”), Apotex Inc., and Mylan Pharmaceuticals filed two inter partes review (“IPR”) petitions in 2014 seeking review of all claims of U.S. Patent 8,324,283 (the “’283 patent”), which is related...more
The Federal Circuit recently reminded litigants of the importance of developing a full record in district court and Patent Trial and Appeal Board (“PTAB”) proceedings. In Google Inc. v. SimpleAir, Inc., the Federal Circuit...more
The U.S. Court of Appeals for the Federal Circuit recently implemented significant amendments to its Rules of Practice (“Rules”). The changes apply to all cases docked on or after April 1, 2016. In large part, the...more
On April 29, 2014, the Supreme Court delivered much-anticipated decisions in the Octane and Highmark cases and redefined the framework for determining whether a patent lawsuit is “exceptional,” justifying an award of...more