Posts in Patent Litigation


Sony files patent infringement suit against Fujifilm in S.D. Fla. over magnetic tape media

On December 15th, Japanese electronics conglomerate Sony Corp. filed a patent infringement lawsuit in U.S. district court against Japanese photography and imaging company Fujifilm. At the …
By Steve Brachmann
9 hours ago 0

The Equitable Defense of Laches: SCA Hygiene Products v. First Quality Baby Products

The equitable defense of laches has been a useful tool for defendants in intellectual property litigation for over a hundred years, but a recent case in the …

Changed Standard for Design Patent Damages Means More Design Patents Necessary

For patent holders in design patent infringement cases, having multiple component design patents for any given product will help maximize the potential damage award. A multiple design …
By Matt Scyoc & Gene Quinn
1 day ago 0

Federal Circuit Upholds Sanctions and Attorney’s Fees for Vexatious Litigation and Frivolous Appeal

The Court upheld the district court’s award of attorneys’ fees and costs, finding ample support in the record for Walker’s vexatious conduct, and no legitimate …

CAFC Reverses on Indefiniteness Because Claim Terms Sufficiently Supported by Examples

The Court was careful to explain that its “holding in this case does not mean that the existence of examples in the written description will always render …

Cisco v. Arista patent and copyright infringement cases see conflicting rulings at ITC, N.D. Cal.

A patent and copyright squabble involving two players in the networking space for information technology (IT) development, which has ramped up in recent years, saw an interesting …
By Steve Brachmann
5 days ago 0

The Future of Forum-Shopping in a Post-TC Heartland World

The Federal Circuit’s broad interpretation of the patent-venue statute has led to widespread forum-shopping with a disproportionate number of cases being filed in the Eastern District …
By Byron Pickard & Joseph Kim
5 days ago 1

Nokia, Apple drag the world back to patent war

Being targeted by PAEs is nothing new for Apple — but in an anti-trust complaint dated December 20, 2016, Apple finally said enough was enough. Pulling no punches, Apple accused …
By Purva Sharma
5 days ago 6

IP News: The Maiden Voyage of the USS IP Watchy McDogface

Without reneging on our commitment to in-depth coverage of the IP world, we wanted to add a new element to our coverage and today we’re introducing …

Politics of Patent Venue Reform: SCOTUS Taking TC Heartland to Delay Push for Venue Reform

The genesis of the patent venue “problem” is simple: Many patent infringement defendants complain about traveling to the Eastern District of Texas. They feel that it is …
By Peter Harter & Gene Quinn
7 days ago 2

Patent Forecast 2017: Will Patent Courts Be Great Again?

While Congress seems to pass some form of patent legislation roughly every 9 to 11 years, the more important changes with regard to business predictability and economic growth tend …
By Peter Harter & Gene Quinn
8 days ago 3

Merck subsidiary Idenix wins $2.54B in HCV treatment suit against Gilead in largest U.S. patent infringement verdict ever

On Thursday, December 15th, a subsidiary of Kenilworth, NJ-based pharmaceutical developer Merck & Co. (NYSE:MRK) was awarded $2.54 in royalty damages in a case involving one of the …
By Steve Brachmann
12 days ago 1

The Four Consequential Patent Trends of 2016

Suffice it to say that 2016 has been an interesting year. The political climate is much different than one year ago amidst a growing tide of nationalism abroad …
By Steve Brachmann
17 days ago 3

Patent Infringement Pleading Standards Since the Abrogation of Rule 84 and Form 18: A Year in Review

Last December, the 2015 Amendments to the Federal Rules of Civil Procedure abolished Rule 84 and the Appendix of Forms, removing any doubt that Twombly’s plausibility standard applies …
By Michelle Callaghan
20 days ago 1

CAFC reverses Summary Judgment on inherent anticipation, affirms no Inequitable Conduct

It is inappropriate for a trial court to discount material expert testimony so as to weigh the evidence in favor of a party seeking summary judgment. The …