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Patent Litigation Cease and Desist

Fox Rothschild LLP

Patent Litigation Funding: What You Need to Know

Fox Rothschild LLP on

Enforcing a patent can be expensive and time consuming. Patent litigation funding, also known as patent litigation financing, is one way patent owners can protect their rights without incurring the unwanted expense of...more

BakerHostetler

Patent Declaratory Judgment Jurisdiction: Are Patentees Communicating Too Much?

BakerHostetler on

Historically, patentees needed not worry too much about whether their mere pre-suit communications sent from afar into a jurisdiction created personal jurisdiction for a declaratory judgment action. See e.g., Silent Drive,...more

Fish & Richardson

ITC Monthly Wrap-Up: April 2022

Fish & Richardson on

This month’s ITC wrap up reviews one decision from April and one from March, which highlight: (1) how the ITC handles exclusion orders as marketplaces move online; and (2) the impact of Federal Circuit remands at the ITC, as...more

Goodwin

Federal Circuit Clarifies Standard for Fair and Reasonable Exercise of Jurisdiction Based on Demand Letters

Goodwin on

The U.S. Court of Appeals for the Federal Circuit on Monday issued a decision that clarifies its precedent on the exercise of personal jurisdiction in patent cases. In a precedential decision, the court held that there is no...more

Mintz - Intellectual Property Viewpoints

Judge Alsup Certifies Two Hot Button Issues on Standard for Pleading Willful Infringement for Interlocutory Appeal to the CAFC

On March 16, 2022, U.S. District Judge William Alsup of the Northern District of California certified two of the hot button issues splitting district courts on the standard for pleading willful infringement (see order),...more

Smart & Biggar

A limit on demand letters: Federal Court grants rare pre-trial injunction barring potentially false or misleading cease and desist...

Smart & Biggar on

In a recently published decision (Fluid Energy Group Ltd v Exaltexx Inc, 2020 FC 81), the Federal Court granted a pre-trial injunction sought by the Defendant, Exaltexx Inc. (Exaltexx), enjoining the Plaintiff, Fluid Energy...more

Knobbe Martens

Skechers and Eliya Fight Over Shoe Design Patents Again

Knobbe Martens on

Eliya Inc., known for its BERNIE MEV® shoes, filed a declaratory judgment action against Skechers on January 29, 2019 in the U.S. District Court for the Southern District of New York. Skechers had sent a cease and desist...more

McDermott Will & Emery

Patent Owner Must Be Subject to Personal Jurisdiction for Declaratory Judgment

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit agreed with a district court that it lacked personal jurisdiction over a patent owner/declaratory judgment defendant where the defendant’s only contacts with the forum were the...more

Weintraub Tobin

Supreme Court May Cut Back Laches in Patent Infringement Cases

Weintraub Tobin on

The United States Supreme Court is considering whether the doctrine of laches will bar a patent infringement claim filed within the Patent Act’s six-year damage limitations period set forth in 35 U.S.C. §286. The case before...more

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