The US Court of Appeals for the Federal Circuit granted a writ of mandamus and ordered the district court to decide a motion for intra-district transfer before proceeding to further substantive matters, explaining that both...more
The US Court of Appeals for the Federal Circuit reversed a district court’s opinions and orders and remanded the case for further proceedings before a different district court judge because the original judge had failed to...more
The US Court of Appeals for the Federal Circuit found patent claims directed to a method of authenticating the identity of a user performing a transaction at a terminal was patent-eligible under 35 U.S.C. § 101 and reversed...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to preclude a damage expert from characterizing license agreements and opining on a reasonable royalty rate where the sponsoring party...more
The US Court of Appeals for the Federal Circuit, exploring the use of Federal Rule of Civil Procedure 60(b)(3) under Ninth Circuit law, affirmed a district court’s ruling setting aside a monetary damages judgment and an...more
The US Court of Appeals for the Ninth Circuit affirmed a dismissal of trade secret claims, finding that although misappropriation of a trade secret prior to the enactment of the Defend Trade Secrets Act (DTSA) does not...more
The US Court of Appeals for the Federal Circuit affirmed the US Court of Federal Claims attorneys’ fees award for patent infringement by the United States solely based on its actions during litigation. Hitkansut LLC,...more
The US Court of Appeals for the Federal Circuit affirmed that patented articles must be marked in order for the patentee to recover pre-notification or pre-complaint damages. Arctic Cat Inc. v. Bombardier Recreational...more
3/16/2020
/ Appeals ,
Calculation of Damages ,
IP License ,
Notice Requirements ,
Patent Infringement ,
Patent Litigation ,
Patent Marking ,
Patents ,
Remand ,
Vacated ,
Willful Infringement
Addressing an issue of software subject matter eligibility, the US Court of Appeals for the Federal Circuit reversed the district court’s judgment on the pleadings under 35 USC § 101, finding claims related to error checking...more
12/23/2019
/ Abstract Ideas ,
Appeals ,
Computer-Related Inventions ,
Federal Rules of Civil Procedure ,
Judgment on the Pleadings ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Reversal ,
Section 101 ,
Software
Addressing patent eligibility under 35 USC § 101, the US Court of Appeals for the Federal Circuit vacated and remanded a district court’s decision for failure to address the parties’ claim construction dispute before ruling...more
Addressing the issue of the functional requirements of design patents, the US Court of Appeals for the Federal Circuit refused to invalidate design patents on truck parts on the basis of aesthetic functionality. Automotive...more
9/12/2019
/ Appeals ,
Auto Parts ,
Automotive Industry ,
Design Patent ,
Dismissals ,
Ford Motor ,
Functionality ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Summary Judgment
Addressing the issue of standing in a patent infringement case, combined with the requirements of joinder under Fed. R. Civ. P. 19, the US Court of Appeals for the Federal Circuit vacated a dismissal based on lack of standing...more
7/3/2019
/ Appeals ,
Dismissals ,
FRCP 19 ,
Intellectual Property Protection ,
Joinder ,
License Agreements ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Remand ,
Standing ,
Vacated
The US Court of Appeals for the Eighth Circuit affirmed denial of a licensee’s motion for a new trial, finding that there was no error in awarding damages to the plaintiff/licensor for the licensee’s failure to pay royalties...more
In an unusual move, the US Court of Appeals for the Federal Circuit updated its original decision in Asetek, holding that the injunction no longer applied to the non-party in the case, except for aiding and abetting new...more
Addressing the issue of sanctions for continued litigation after the parties settled all claims, the US Court of Appeals for the Federal Circuit affirmed a district court’s award of attorneys’ fees and costs, and granted...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s ruling on infringement, invalidity and damages, but remanded the case to the district court to reconsider the breadth of the “junctive” relief...more