Posts in Patent Litigation


Broad Application of WesternGeco Leads to Increased Patent Damages in Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc.

Last week, Chief Judge Stark issued a ruling from the District Court in Delaware that applies WesternGeco broadly to increase patent damages from foreign sales resulting from …
By Ron Cahill
1 month ago 0

A Realistic Perspective on post-Alice Software Patent Eligibility

Much of the havoc wrought in the software patent system by the landmark decision Alice v. CLS Bank International, 134 S. Ct. 2347 (2014) stems from the unworkable two-part patent …
By Babak Nouri
1 month ago 33

Expansion of the Blocking Patent Doctrine: Trading Logic for Gremlins

Since Merck & Co. v. Teva Pharmaceuticals, blocking patent arguments have arisen in the Federal Circuit primarily in the pharmaceutical patent context, and until now have largely been …
By Melissa Brand & Hans Sauer
1 month ago 4

ITC Institutes Section 337 Investigation of ResMed’s Sleep Apnea Masks

On Friday, October 5th, the U.S. International Trade Commission (ITC) issued a notice of institution of a Section 337 patent infringement investigation requested by New Zealand-based appliance …
By Steve Brachmann
1 month ago 0

Conjecture and Speculation in Patent Obviousness: Trading Logic for Hindsight

Hindsight bias, the phenomenon that things seem more predictable and obvious after they have occurred, is one of the most widely-studied “decision traps” in psychology... Patent litigation …
By Hans Sauer & Melissa Brand
1 month ago 7

Patent Infringement Lawsuit Against Comcast Highlights Attractiveness of Middle District of Florida for Patent Plaintiffs

On August 1st, Fort Myers, FL-based over-the-top (OTT) Internet television provider WhereverTV filed a suit alleging patent infringement against Philadephia, PA-based telecommunications conglomerate Comcast Corporation. Despite the …
By Steve Brachmann
1 month ago 0

A Journey Through the Chinese Patent System: The differences in how patent rights are treated

The trade dispute between the US and China started with a US accusation of intellectual property theft on the part of China.  Is China really “stealing” intellectual …
By Paul Morinville
1 month ago 10

Federal Circuit: Attorneys Not Liable for Attorney’s Fees Where Law is Unsettled

A claim is entirely without color when it lacks any legal or factual basis.  Because of the relative paucity of § 101 cases between Alice and AlphaCap’s complaint, …

Capella Photonics Challenges Federal Circuit Practice of Judgments Without Opinions

Capella Photonics, Inc. has filed a petition for certiorari arguing that the Federal Circuit’s practice of issuing judgments without opinion pursuant to Federal Circuit Rule 36 in …

Apple to pay VirnetX $93.4 million in costs and interest for patent infringement

On Monday, September 25th, Zephyr Cove, NV-based patent owner VirnetX Holding Corporation filed a Form 8-K with the U.S. Securities and Exchange Commission (SEC) regarding an …
By Steve Brachmann
2 months ago 5

Can the Federal Circuit Refuse an Appeal by a Non-defendant Petitioner in an IPR?

JTEKT Corp. v. GKN Automotive Ltd., No. 2017-1828 (Fed. Cir. 2018) raises the important question of whether the Court of Appeals for the Federal Circuit can refuse to …

Entire market rule only when infringed feature constitutes sole basis for consumer demand

To base its damages theory on the entire market value rule, Power Integrations bore the burden of proving “the patented feature is the sole driver of customer …

Seeds of demise were sown when SCOTUS removed exclusivity from the patent bargain

With the next Supreme Court term beginning in a few weeks we all need to come to terms with the fact that the U.S. has a …
By Gene Quinn
2 months ago 28

CAFC vacates Summary Judgment entered against Intellectual Ventures

On Tuesday, September 4th, the Court of Appeals for the Federal Circuit issued a precedential decision in Intellectual Ventures I LLC v. T-Mobile USA, Inc., et. al., …
By Steve Brachmann & Gene Quinn
2 months ago 0

Facebook patent infringement suit against BlackBerry looks remarkably patent troll-like

Facebook is asserting a series of patents the company has acquired from other firms, making its actions similar to those of non-practicing entities (NPEs) and remarkably patent …
By Gene Quinn & Steve Brachmann
2 months ago 9

Our website uses cookies to provide you with a better experience. Read our privacy policy for more information.Accept and Close