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Patent Litigation Jury Verdicts

Alston & Bird

Patent Case Summaries | Week Ending October 2024

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NexStep, Inc. v. Comcast Cable Communications, LLC, Nos. 2022-1815, -2005, -2113 (Fed. Cir. (D. Del.) Oct. 24, 2024). Opinion by Chen, joined by Taranto. Opinion concurring in part and dissenting in part by Reyna....more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2024 #2

Parkervision, Inc. v. Qualcomm Inc., Appeal Nos. 2022-1755, 2024-2221 (Fed. Cir. Sept. 6, 2024) In this week’s Case of the Week, the Federal Circuit weighed in again on a 13-year-old patent dispute concerning Qualcomm’s...more

Akin Gump Strauss Hauer & Feld LLP

Jury Verdict Overturned Based on Insufficient Evidence of Infringement

The District of Delaware granted-in-part Shopify’s motion for judgment as a matter of law, or alternatively a new trial, citing gaps in the evidentiary record resulting in an insufficient basis for the jury verdict of...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2024

Freshub, Inc. v. Amazon.com, Inc., Appeal Nos. 2022-1391, -1425 (Fed. Cir. Feb. 26, 2024) In the Court’s only precedential patent opinion this week, the Court affirmed a jury finding that use of Amazon’s “Alexa” products...more

Sheppard Mullin Richter & Hampton LLP

The Importance of Reasonable Particularity in a Doctrine of Equivalents Argument

In VLSI Technology LLC v. Intel Corporation, No. 22-1906 (Fed. Cir. 2023), VLSI sued Intel for infringement of U.S. Patent Nos. 7,523,373 (the “’373 patent”) and U.S. Patent No. 7,725,759 (the “’759 patent”). After a jury...more

AEON Law

Patent Poetry: Jury Finds Google Infringed Audio Patents, Awards $15 million

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A federal court jury in Delaware has awarded $15.1 million in damages to a company that claimed Google infringed two of its audio programming patents. The patents at issue are US Patent Nos. 6,199,076 and 7,509,178. The...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

Haug Partners LLP

Blackmail at the USPTO? Director Issues Decision Regarding Inter Partes Review Related to High-Stakes Patent Litigation

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Patent practitioners are familiar with Inter Partes Review (IPR), a common adversarial proceeding between a patent owner and a third party concerning patentability of an issued United States Patent conducted by the Patent...more

Robins Kaplan LLP

GlaxoSmithKline LLC v. Teva Pharms. USA, Inc.

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Case Name: GlaxoSmithKline LLC v. Teva Pharms. USA, Inc., 25 F.4th 949 (Fed. Cir. 2022) (Circuit Judges Moore, Newman, Dyk, Prost, O’Malley, Reyna, Taranto, Chen, Hughes, and Stoll presiding; Moore, Newman, O’Malley, Taranto,...more

WilmerHale

Federal Circuit Patent Watch - April 2022

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Precedential Federal Circuit Opinions - ROCHE DIAGNOSTICS CORPORATION v. MESO SCALE DIAGNOSTICS, LLC [OPINION]  (2021-1609, 2021-1633, April 8, 2022) (NEWMAN, PROST, and TARANTO) - Prost, J.  Affirming in part and...more

McDermott Will & Emery

Patent Venue Statute Doesn’t Apply to Third-Party Counterclaim Defendant; Acts in Furtherance of Partnership May Be Imputed to...

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The US Court of Appeals for the Federal Circuit affirmed a district court’s determination of proper venue, finding that the patent venue statute, 28 U.S.C. § 1400(b), does not apply to a third-party counterclaim defendant and...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (March 14-18): Federal Circuit Says No Catch For Claims of Co-Ownership

Last week’s big news was of course the official swearing in of Judge Stark. But there were plenty of other things happening at the Court. Below we provide our usual weekly statistics and a detailed discussion of our case of...more

Saiber LLC

District of New Jersey Denies Settling Parties’ Joint Request To Vacate Judgment Entered Following Jury Trial and Verdict

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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

McDermott Will & Emery

Induced Infringement Finding May Support Willfulness Finding

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In a redux visit, the US Court of Appeals for the Federal Circuit found that the record compelled reversal of a district court’s refusal to reinstate a jury’s willful infringement verdict and enhanced damages award but...more

McDonnell Boehnen Hulbert & Berghoff LLP

GlaxoSmithKline LLC v. Teva Pharmaceuticals USA (Fed. Cir. 2021)

Most judicial outcomes, particularly on appeal, are broadly based on varying combinations of process and outcome. The law is replete with process-based decisions (standing, jurisdiction, waiver, to name a few) and of course...more

Farella Braun + Martel LLP

Tips For Banks As USAA Check Deposit Patent Dispute Grows

In January 2020, we wrote a Law360 guest article that highlighted some of the risks that followed Wells Fargo Bank NA's strategy in its patent dispute with the United Services Automobile Association over remote deposit check...more

WilmerHale

CAFC Patent Cases - December 2020

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Precedential Federal Circuit Opinions - VIDSTREAM LLC v. TWITTER, INC. [OPINION] (2019-1734, 2019-1735, 11/25/2020) (Newman, O'Malley, Taranto) - Newman, J. Affirming the decisions of the Patent Trial and Appeal Board...more

McDermott Will & Emery

Federal Circuit Restores Induced Infringement Verdict Against Teva

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Addressing the issue of whether a generic pharmaceutical company can be found to induce infringement even when all patented uses have been “carved out” of the label (resulting in a so-called “skinny label”), the US Court of...more

WilmerHale

Federal Circuit Patent Updates - September 2020

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Precedential Federal Circuit Opinions - ANTENNASYS, INC. v. AQYR TECHNOLOGIES, INC. [OPINION] (O’Malley, Bryson, Reyna) - O’Malley, J. Remanding to district court to address threshold issues of whether case should be...more

Mintz - Intellectual Property Viewpoints

District of Delaware Goes against Prior Decisions and Declines to Dismiss Willful Infringement Claims Despite Failure to Allege...

On July 30, 2020, the U.S. District Court for the District of Delaware, in APS Technology, Inc. v. Vertex Downhole, Inc. et al, No. 19-cv-01166, denied Vertex Downhole’s Rule 12(b)(6) motion to dismiss APS’s patent...more

Mintz - Intellectual Property Viewpoints

Federal Circuit: Licensees’ Failure to Mark Eliminates Entitlement to Pre-Suit Damages

Recently, in Packet Intelligence LLC v. NetScout Sys., Inc., No 19-2041 (July 14, 2020), the Court of Appeals for the Federal Circuit reversed a jury verdict of $3.5 million in pre-suit damages and vacated the trial court’s...more

Harris Beach PLLC

Verdict in T-Cell Immunotherapy IP Case Tests 'Reasonable Royalty' Concept for Large Damage Awards

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One of the most interesting and promising areas of medical research today involves the use of T-Cell therapies, which offer hope and promise as a new approach to cancer treatment. It has also made for a robust climate for...more

Goodwin

Federal Circuit Denies Hospira’s Petition to Rehear Safe Harbor Ruling in Epoetin Biosimilar Dispute

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The Federal Circuit has declined to reconsider its December 2019 affirmance of the district court ruling in the Amgen v. Hospira (epoetin alfa) dispute.  As we have previously reported, that ruling upheld a jury verdict...more

Akin Gump Strauss Hauer & Feld LLP

Cancellation of Patent Claims through Reexamination Insufficient to Mount Collateral Attack on Multimillion-Dollar Jury Verdict

Judge Gilstrap in the Eastern District of Texas has denied defendants’ motion to stay the post-trial phase of a patent infringement litigation pending ex parte reexamination where the request for reexamination was filed four...more

McDermott Will & Emery

A Lot of Hot Air? Obviousness Testimony Must Come from POSITA

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Addressing a jury verdict of invalidity, the US Court of Appeals for the Federal Circuit found that the district court abused its discretion in allowing trial testimony regarding obviousness from a lay witness, and remanded...more

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