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Patents Willful Infringement

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: July 2024

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Our Texas Patent Litigation Monthly Wrap-Up for July 2024 covers three decisions of interest from the Eastern District of Texas granting motions related to subject matter eligibility, stays pending inter partes review (IPR),...more

Whitcomb Selinsky, PC

MHL Custom Wins Against Waydoo in Patent Lawsuit Over eFoil Design

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MHL Custom took legal action against Waydoo for allegedly infringing on two U.S. Patents related to a type of personal hydrofoil watercraft called an eFoil. Following a jury trial in March 2023, where certain patent claims...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: December 2023

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This post reviews developments from the Northern, Southern, Eastern, and Western Districts of Texas in December 2023. ...more

Patterson Belknap Webb & Tyler LLP

Oh Boy, Can it Core an Apple: Judge Brown Channels the Honeymooners and Finds Plaintiff Entitled to Fees and Costs for...

On December 1, 2023, Judge Gary R. Brown (E.D.N.Y.) awarded Plaintiff Dynamite Marketing, Inc. (“Plaintiff”) fees and costs, declined to enhance damages, granted a permanent injunction against future infringement, and denied...more

Patterson Belknap Webb & Tyler LLP

Judge Gardephe Denies Dispositive Motions in Massage-Device Patent Case

In a recent decision in a patent case between massage-device companies, Judge Gardephe (S.D.N.Y.) adopted two recommendations of the magistrate judge. The first R&R recommended denial of Defendant Tzumi’s motion for partial...more

Kramer Levin Naftalis & Frankel LLP

10x Genomics and Stanford’s Genomic Patents Determined Patent Eligible

On Sept. 14, 2023, the U.S. District Court for the District of Delaware denied defendant Parse Biosciences Inc.’s (Parse) motion to dismiss a complaint filed by plaintiffs 10x Genomics Inc. (10x) and the Board of Trustees of...more

Irwin IP LLP

Amended Complaint Gives Plaintiff a Do-Over, Not the Defendant

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Power Probe Grp., Inc. v. Innova Electronics Corp., 21-cv-00332 (D. Nev. Apr. 27, 2023) While it is accepted that filing an amended complaint supersedes the original complaint rendering it without legal effect, a defendant...more

Haug Partners LLP

A U.S. View on the UPC – Part 2: Damages

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On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action.  This series of articles –...more

Goodwin

Bristol-Myers Squibb Files Patent Infringement Complaint Against AstraZeneca Regarding Anti-PD-L1 Antibody Product

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On April 25, 2023, Bristol-Myers Squibb (“BMS”) filed a complaint in the District of Delaware against AstraZeneca related to AstraZeneca’s anti-PD-L1 antibody product, IMFINZI (durvalumab), alleging willful infringement of...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (April 10 – April 14): IPR Statutory Estoppel, In Two Acts

If the scope of the IPR estoppel statute has been keeping you up at night, our latest case of the (recent) week might help you sleep a little better because it provides clarity on two aspects of the statute’s reach. ...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: March 2023

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March's Texas Patent Litigation Monthly Wrap-Up covers decisions addressing post-verdict JMOL, the point at which cases become exceptional, and the standard for amending invalidity contentions, among other issues....more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: January 2023

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The Texas patent litigation monthly update for January 2023 summarizes one patent decision that issued from the Western District of Texas. This decision is one of the first Rule 12(b)(6) motions to dismiss granted in a patent...more

McGuireWoods LLP

What Is the Scope of a Work Product Waiver in a Willful Patent Infringement Context?

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Litigants accused of willful patent infringement sometimes rely on an "advice of counsel" defense. Interestingly, courts have recognized a distinction between such a defense in the privilege and the work product contexts....more

Mintz - Intellectual Property Viewpoints

Eastern District of Texas Holds Willful Infringement Knowledge Requirement May Be Satisfied by Informing Non-Party of Infringement...

On October 5, 2022, U.S. Magistrate Judge Roy S. Payne of the Eastern District of Texas recommended denying-in-part a motion for summary judgment of no willful infringement, holding that requisite knowledge of the asserted...more

Kilpatrick

6 Key Takeaways | Patent Opinions – New Developments and Pitfalls

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Kilpatrick Townsend Partner Paul Haughey recently presented "Patent Opinions - New Developments and Pitfalls." These are the 6 key takeaways from his presentation....more

Sunstein LLP

To Avoid the On-Sale Bar, Patent Applicant’s “Experimental Use” Should be Unmistakable

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A recent Federal Circuit opinion casts fresh light on two aspects of patent strategy: the experimental use exception to the on-sale bar to patent validity; and the role of a non-infringement legal opinion in defeating an...more

Mintz - Intellectual Property Viewpoints

Judge Albright Holds Willful Infringement Pleading Does Not Require Allegations of Egregious Infringing Behavior

On July 12, 2022, U.S. District Judge Alan D. Albright of the Western District of Texas denied alleged infringer Lenovo’s motion to dismiss ACQIS’s willful and indirect infringement and enhanced damages claims, holding that...more

Knobbe Martens

Federal Circuit Review - June 2022

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Claims With Clerical Errors Can Be Judicially Corrected and Willfully Infringed - In Pavo Solutions LLC v. Kingston Technology Company, Inc., Appeal No. 21-1834, the Federal Circuit held that a court can correct obvious...more

Kilpatrick

6 Key Takeaways - Patent Opinions – New Developments and Pitfalls

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Kilpatrick Townsend partner Paul Haughey recently presented to the IP section of the Utah Bar Association about “Patent Opinions – New Developments and Pitfalls.” The presentation was a review of patent opinion basics,...more

Fitch, Even, Tabin & Flannery LLP

Reliance on Obvious Clerical Error Does Not Avoid Willfulness

The Federal Circuit’s recent decision in Pavo Solutions LLC v. Kingston Technology Company, Inc. sheds light on situations where it is appropriate for a court to rewrite claim language to preserve the drafter’s intent. The...more

WilmerHale

Federal Circuit Patent Watch: Obvious minor clerical errors in the claim language may not form basis for a defense to willful...

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Precedential Federal Circuit Opinions - ARTHREX, INC. v. SMITH & NEPHEW, INC. [OPINION] (2018-2140, May 27, 2022) (Moore, Reyna, Chen) - Moore, C. J. Affirming PTAB decision finding unpatentable certain claims of...more

McDermott Will & Emery

Can’t Hide Behind Minor Clerical Error to Escape Willful Infringement Verdict

The US Court of Appeals for the Federal Circuit affirmed a district court decision correcting a clerical error in a claim. Pavo Solutions LLC v. Kingston Technology Company, Inc., Case Nos. 21-1834 (Fed. Cir. June 3, 2022)...more

Knobbe Martens

Claims With Clerical Errors Can Be Judicially Corrected and Willfully Infringed

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PAVO SOLUTIONS LLC v. KINGSTON TECHNOLOGY COMPANY, INC. Before: Lourie, Prost, and Chen.  Appeal from the United States District Court for the Central District of California. Summary: A court can correct obvious minor...more

Fish & Richardson

Minnesota Patent Litigation Wrap-Up - Q1 2022

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This post continues our summary of substantive orders in patent litigation in the District of Minnesota. This summary includes discovery relevant to willfulness findings, stays under the customer suit exception, and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Apple Inc. v. Zipit Wireless, Inc. (Fed. Cir. 2022)

Personal jurisdiction is one of those basic concepts in civil procedure that evokes strong memories in most lawyers, of their first year in law school, cases like International Shoe, Burger King, Helicopteros, and World-Wide...more

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