News & Analysis as of

Patent Litigation Injunctive Relief

Smart & Biggar

Angelcare and Playtex seal another win against patent infringer Munchkin

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On August 17, 2023, the Federal Court issued its decision in Angelcare Canada Inc. et al. v Munchkin Inc. et al. (2023 FC 1111) regarding the Plaintiffs’ entitlement to certain remedies for patent infringement. This decision...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 PTAB Year in Review: Analysis & Trends: Standard Essential Patents at the PTAB: Are SEPs Faring any Differently than...

Standard-essential patents (SEPs) are on the rise. A key factor undergirding that rise is the desire for device connectivity in all things, and the fact that reliable and robust connectivity is impossible without using key...more

McDermott Will & Emery

Don’t Assume Sweet Success: Forum Selection Clause Doesn’t Preclude IPR

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The US Court of Appeals for the Federal Circuit affirmed a district court’s denial of a preliminary injunction seeking to bar a petitioner from challenging certain patents at the US Patent & Trademark Office (PTO) because of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis and Trends: Federal Circuit Appeals: More Design Patent Case Reversals

In 2022, the Court of Appeals for the Federal Circuit issued six opinions regarding U.S. design patents: three precedential opinions and three unprecedential opinions. Unlike 2021 (where the two precedential opinions on...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis & Trends

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

Jones Day

Closing the "Injunction Gap": Overhaul of German Patent Act Speeds Up Litigation

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An upcoming change in Section 83 of the German Patent Act ("PatG") will close the gap between the duration of patent infringement compared to the duration of invalidity proceedings in Germany. From May 1, 2022, onwards, the...more

Jones Day

Still Alive: The German "Automatic Injunction" in Patent Infringement Cases Under the New Patent Act

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The new PatG provides an exception to the general rule that injunctions result as a direct consequence of infringement for cases in which an immediate injunction would result in disproportionate hardship when weighing the...more

Fish & Richardson

ITC Monthly Wrap-Up: March 2022

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The ITC monthly wrap-up for March 2022 focuses on two Federal Circuit decisions that help explore two of the major differences between patent litigation in the International Trade Commission (ITC) and federal district court:...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 PTAB Year in Review: Analysis & Trends: Standard Essential Patents at the PTAB: Are SEPs Faring any Differently than...

Standard Essential Patents are on the Rise, as is Litigation - Standard-essential patents (SEPs) are on the rise as connectivity, a present-day necessity, relies on standards subject to SEPs. It is estimated that by 2025,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 Design Patents Year in Review: Analysis and Trends: US International Trade Commission: Design Patents Outperform on Obtaining...

In May 2020, we reported in an article published by Law360, “design patents outperform utility patents when it comes to injunctive relief.” The same is true when it comes to a rare form of injunctive relief—a general...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 PTAB Year in Review: Analysis & Trends

[co-author: Jamie Dohopolski] Love it or hate it, ignore the USPTO Patent Trial and Appeal Board (PTAB) at your peril. The introduction of the PTAB as part of the America Invents Act over ten years ago has forever changed...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 Design Patents Year in Review: Analysis and Trends

This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more

Mintz - Intellectual Property Viewpoints

Plaintiff Can Assert Patent Infringement and Seek Injunctive Relief in Second-Phase BPCIA Litigation Per Illinois District Court...

On January 26, 2022, in what appears to be a case of first impression, U.S. District Court Judge John Z. Lee of the United States District Court for the Northern District of Illinois denied a biosimilar applicant defendant’s...more

Orrick, Herrington & Sutcliffe LLP

German Parliament Adopts Patent Act Amendment

One of the most hotly debated topics in the German patent community in recent years has been if, and to what extent, the legislature should limit the availability of injunctive relief. To date, it has been the invariable...more

McDermott Will & Emery

Federal Circuit Puts Patent Infringement Award/Injunction Back in the Box

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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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2021

[co-author: Joseph Diorio, Law Clerk] The April 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the suit filed by Nike over MSCHF's "Satan Shoes"; the latest PTAB decision in the ongoing battle...more

Mintz - Intellectual Property Viewpoints

Actions Speak Louder Than Words: Germany’s Highest Court tells SEP implementers that simply saying that you are willing to license...

After its recent ruling in Sisvel’s favor, Germany’s highest court on patent matters is expected to issue a highly favorable and detailed decision for standard-essential patent (SEP) owners seeking to prevent patent...more

Smart & Biggar

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

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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

Spilman Thomas & Battle, PLLC

The REAL Trending Litigation Topics Regarding COVID-19

A trend is emerging with recently filed litigation involving the COVID-19 pandemic. We are committed to providing information that allows businesses to react as quickly as possible to avert civil litigation threats or to...more

Mintz - Intellectual Property Viewpoints

Key Considerations for Global SEP Litigation - Part 2

The adoption of multiple, standardized technologies looms on the horizon. This presents the challenge of balancing innovator’s intellectual property rights with implementer’s desire for fair access to technology. As more...more

McDermott Will & Emery

Nothing Exceptional About Litigation Costs Exceeding Potential Damages

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Addressing the issue of whether litigation costs that exceed potential damages necessarily render a case exceptional, the US Court of Appeals for the Federal Circuit affirmed a district court’s decision that they did not....more

Akin Gump Strauss Hauer & Feld LLP

When International Trade and Patent Law Overlap: One World Techs., Inc. v. United States Slip Op. 18-173 (Ct. Int’l Trade 2018)...

From time to time, international trade and patent law matters overlap. We expect to see these interactions in disputes filed pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337). In other instances, the U.S....more

Knobbe Martens

Federal Circuit Review - December 2018

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Assignor Estoppel Does Not Apply in the IPR Context - In Arista Networks, Inc. v. Cisco Systems, Inc., Appeal Nos. 2017-1525, 2017-1577, the Federal Circuit held that the plain language of 35 U.S.C. § 311(a) unambiguously...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2018

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In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more

Hogan Lovells

Guangdong court issues new guidance for standard essential patent disputes

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China is becoming an important battlefield in global disputes over the licensing of standard essential patents ("SEPs"). On 26 April 2018, the High People’s Court of Guangdong Province – home to many Chinese high-tech...more

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