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INLINE PLASTICS CORP V. LACERTA GROUP, LLC - Before Taranto, Chen, and Hughes. Appeal from the United States District Court for the District of Massachusetts....more
The Texas Patent Litigation Monthly Wrap-Up for October 2023 covers three decisions addressing the scope of the work-product and attorney-client privileges, limits on the use of a defendant’s use of its own patents during...more
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
Patents protect intellectual property, but they are most effective when the holder is willing to defend them using litigation. It may involve jury trials, bench trials or even a subsequent appeal to the Circuit Court....more
Rasmussen Instruments, LLC (“Rasmussen”) won a $20M jury verdict against DePuy Synthes (“Depuy”), a part of Johnson & Johnson Medical Devices Companies. Rasmussen asserted Patent Nos. US 9,492,180 (‘180 patent) and US...more
In a recent opinion, the United States District Court for the District of New Jersey considered whether to grant a joint request by settling parties to vacate the Court’s Judgment stemming from a jury trial and verdict in...more
With Judge Gilstrap of the Eastern District of Texas finally cancelling his winter trials in the face of surging cases, attention turns to the Western District of Texas, which Judge Alan Albright is going in a different...more
On August 31, 2020, a U.S. District Court found that GoPro infringed two camera streaming patents from the action camera company, Contour, LLC. In the claim filed by Contour against GoPro, the company alleged infringement of...more
On August 3, 2020, in Bio-Rad Labs., Inc. v. 10X Genomics, Inc., the Federal Circuit clarified its decision in TomTom v. Adolph regarding limiting claim preambles, holding that the preamble of the claim at issue could not be...more
A recent decision from the Federal Circuit highlights the critical role that particular words can play in a jury instruction, as well as the extreme care that litigants should take in scrutinizing and objecting to a trial...more
Expert witness testimony is a frequent (almost ubiquitous) feature of patent litigation, if only because questions of the state of the art or the understanding of one having ordinary skill in the art are almost always at...more
White & Case Technology Newsflash - Intellectual property litigants may be increasingly addressing design patents. Design patent litigation may be getting lengthier, and this may result in the filing of more design patent...more
United States Automobile Association (USAA) is a financial services company that provides insurance, banking, investment, and retirement products and services for members of the military and their families. On June 7, 2018,...more
PATENT CASE OF THE WEEK - Eko Brands, LLC v. Adrian Rivera Maynez Enterprises, Inc., Appeal Nos. 2018-2215, et al. (Fed. Cir. Jan. 13, 2020) - In this appeal from the Western District of Washington, the Federal Circuit...more
PATENT CASE OF THE WEEK - TCL Communication Technology Holdings Ltd. v. Telefonaktiebolaget LM Ericsson, Appeal Nos. 2018-1363, et al. (Fed. Cir. Dec. 5, 2019) - In these appeals from the United States District Court...more
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
Just Because Something May Result From a Prior Art Teaching Does Not Make it Inherent in that Teaching - In Personal Web Technologies, LLC v. Apple, Inc., Appeal No. 2018-1599, the Federal Circuit clarified that the mere...more
In 3G Licensing, S.A. et al v. HTC Corporation, the Honorable Christopher J. Burke of the District of Delaware denied Defendants’ motion for partial stay pending resolution of inter partes review (IPR) because of the lack of...more
The Supreme Court in Halo Elecs., Inc. v. Pulse Elecs., Inc., 136 S. Ct. 1923, 1932, 195 L. Ed. 2d 278 (2016), relaxed the standard for a finding of willful patent infringement under 35 USC Section 284. The “objective...more
Federal Circuit Summary - Before Prost, Dyk, and Wallach. Appeal from the United States District Court for the Northern District of California. Summary: When the Federal Circuit holds that a combination of references...more
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
Federal Circuit Summary - Before Dyk, Wallach, and Hughes. On remand from the Supreme Court. Summary: Even though the issue of the jury’s award of lost profits was still pending, a party could not reopen the issue of...more
The Board’s Final Written Decision Must Address All Grounds for Unpatentability Raised in a Petition for Inter Partes Review - In Adidas AG v. Nike, Inc., Appeal Nos. 2018-1180, 2018-1181, the Federal Circuit held that...more
Federal Circuit Summaries - Before Lourie, Dyk, and Hughes. Appeal from the United States District Court for the Central District of California Summary: (1) The public use bar is not triggered by experimental use...more
Federal Circuit Summaries - Before Newman, Mayer, and Stoll. Appeal from the U.S. District Court for the Northern District of Ohio. Summary: While there is not a “practicing the prior art” defense to literal...more