The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
(Podcast) The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
Fifth Circuit Affirms District Court’s Striking of Class Allegations
Eighth Circuit Reverses Dismissal of Putative Class Claims
Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
Class Action Suit Against Instagram for New Terms of Service Dismissed
Precedential and Key Federal Circuit Opinions - 1. IOENGINE, LLC V. VIDAL (21-1227 Lourie, Chen, Stoll) - Chen, J. The Court reversed in part and affirmed in part the Final Written Decisions of the Patent Trial and...more
Referencing the use of antecedents from a “wherein” clause, the US Court of Appeals for the Federal Circuit reversed a district court’s claim construction and vacated its summary judgment ruling of indefiniteness that relied...more
The US Court of Appeals for the Federal Circuit rejected a bright-line rule that patent infringement notice letters and related communications can never form the basis for specific personal jurisdiction. Apple Inc. v. Zipit...more
Apple Inc. v. Zipit Wireless, Inc., Appeal No. 2021-1760 (Fed. Cir. Apr. 18, 2022) - In its only precedential patent case this week, the Federal Circuit addressed the extent to which a party exposes itself to personal...more
Earlier this year, AbbVie Inc. and AbbVie Biotechnology Ltd. filed a Complaint against Alvotech hf. in the US District Court for the Northern District of Illinois alleging theft of trade secrets relating to adalimumab. In...more
Addressing personal jurisdiction in a declaratory judgment action, the US Court of Appeals for the 10th Circuit reversed the district court’s bench trial verdict, finding that the district court lacked specific personal...more
The PTAB designated its termination decision in Infiltrator Water Technologies, LLC v. Presby Patent Trust, IPR2018-00224 (Paper 18)(entered October 1, 2018) as precedential on September 9, 2019, and its decision denying...more
A Post-URAA Patent that Issues After but Expires Before a Related Pre-URAA Patent Is Not a Double-Patenting Reference Against the Pre-URAA Patent - In Novartis Pharmaceuticals Corp. v. Breckenridge Pharmaceutical Inc.,...more
PATENT CASE OF THE WEEK - Jack Henry & Associates, Inc. v. Plano Encryption Technologies LLC, Appeal No. 2016-2700 (Fed. Cir. Dec. 7, 2018) On Friday, the Federal Circuit reversed a district court’s dismissal of a...more
Venue selection has been a primary focus for the past few years in patent infringement cases. However, a recent Federal Circuit decision serves as a reminder that a court must first be found to be able to exercise personal...more
Maxchief Investments Ltd. v. Wok & Pan, Ind., Inc., Appeal No. 2018-1121 (Fed. Cir. Nov. 29, 2018) - In the only precedential patent decision this week, the Federal Circuit addressed the extent to which a court has...more
Federal Circuit Summary - Before Dyk, Reyna, and Hughes. Appeal from the United States District Court for the Eastern District of Tennessee. Summary: In the context of a suit for a declaration of non-infringement and...more
One-E-Way, Inc. v. ITC, Fed. Cir. Case 2016-2105 (June 12, 2017) - A divided panel reverses a determination of indefiniteness by the ITC, ruling that under Nautilus, the claim language, in combination with the...more
In an order dated February 4, 2015, the Honorable George A. O’Toole, Jr. effectively ended Woburn-based Skyworks Solutions, Inc.’s effort to enforce patent rights against manufacturers of LED driver products used in...more