Posts in District Courts


Hospira Patent Claims that Previously Survived IPR Held Invalid

While the claims-in-suit had previously survived validity challenges in an inter partes review (IPR) proceeding at the Patent Trial and Appeal Board (PTAB) and in a District …
By Steve Brachmann
8 days ago 0

Williams-Sonoma Lawsuit Accuses Amazon of Offering Infringing Products for Sale Online

On Friday, December 14th, San Francisco, CA-based home furnishing retailer Williams-Sonoma filed a lawsuit in the Northern District of California alleging claims of trademark and design patent …
By Steve Brachmann
18 days ago 1

Monster Energy Prevails on Trademark and Trade Dress Infringement Claims, Wins Punitive Damages

Energy drink maker Monster Energy recently prevailed in its trademark and trade dress infringement lawsuit against Integrated Supply Networks (ISN), a maker of automotive tools and related …
By Steve Brachmann
25 days ago 0

Annie Sloan Wins Preliminary Injunction on Reverse Passing Off Claims Against Distributor

U.S. District Judge Mary Ann Vial Lemmon of the Eastern District of Louisiana entered a preliminary injunction order against Jolie Home, LLC and other defendants accused …
By Steve Brachmann
26 days ago 0

BIC Files Complaints at the ITC, EDNY Alleging Trademark Infringement of Pocket Lighters

Although many readers might be more familiar with patent infringement claims asserted in Section 337 actions at the ITC, BIC Vice President and General Counsel Steve Burkhart notes …
By Steve Brachmann
28 days ago 0

Ribbon Communications Decries ‘Baseless Attacks’ on IP Rights After Metaswitch Networks Files Antitrust Suit

Secure cloud communications provider Ribbon Communications announced it would continue to enforce its intellectual property rights in the face of what it called “baseless attacks” by its …
By Steve Brachmann
1 month ago 0

Section 101 Motions to Dismiss Still Alive in District Courts

In Berkheimer and Aatrix, the Federal Circuit indicated that although patent eligibility under Section 101 is ultimately a question of law, the determination may have factual underpinnings that, …
By Ana Friedman
1 month ago 4

Fitness Anywhere win Enhanced Damages and Permanent Injunction as Infringement Continued Post Verdict

The order granted post-trial motions filed by Fitness Anywhere both for enhanced damages on the patent infringement findings as well as a permanent injunction against WOSS. Although …
By Steve Brachmann
1 month ago 1

Proceed with Caution When Acquiring a Licensor’s Patents

All too often, the prospective licensee/purported infringer usually doesn’t begin its efforts to acquire the patent(s) until after making disparaging statements about them during …
By Robert Levy
1 month ago 1

FTC v. Qualcomm: Court Requires Licensing of Standard Essential Patents to Competitors

The Qualcomm decision is unique in that it appears to be the first decision to require a SEP holder to license its patented technology to its competitors, …

Delaware Jury Awards $24 Million Royalty to Bio-Rad and University of Chicago, Finds Patent Infringement Willful

A jury in the United Stated Federal District Court for the District of Delaware recently delivered a verdict awarding nearly $24 million dollars in reasonable royalty damages to …
By Steve Brachmann
2 months ago 1

Judge Awards Enhancement of Damages to $268 Million in Cochlear Implant Patent Case

“While the jury’s $130 million verdict is significant and may sound large in the abstract, it may not be enough without enhancement to deter infringing conduct given …
By Steve Brachmann
2 months ago 8

Use of the Book of Wisdom in Reasonable Royalties

Courts consistently focus on the availability of non-infringing substitutes as of the date of the hypothetical negotiation. In most of the cases reviewed, the determination of available …
By Mark Pedigo
2 months ago 1

Koh rules Qualcomm is Obligated to License SEPs to Competitors

Qualcomm was not refusing to abide by its agreed to promises to license SEPs as required by the SSOs, as alleged by the FTC. Instead, Qualcomm wasn't …
By Gene Quinn & Steve Brachmann
2 months ago 3

Blockbuster Restasis Patent Goes Down at Federal Circuit a Victim of Rule 36

Without any explanation, analysis or justification, Chief Judge Prost, and Judges Reyna and Hughes affirmed the decision of colleague Judge Bryson. A patent to a blockbuster drug …
By Gene Quinn & Steve Brachmann
2 months ago 23