Posts Tagged: patent infringement


ITC opens 337 investigation for potential patent infringement by Apple screen sharing technology

The U.S. International Trade Commission (ITC) announced that it was investigating potential patent infringement committed by Cupertino, CA-based consumer tech giant Apple Inc. (NASDAQ:AAPL)... Aqua …
By Steve Brachmann
6 hours ago 0

Proving A Patent Invalid: The Burden is on the Challenger

When an individual or company challenges the validity of a patent, “the burden of establishing invalidity of a patent or any claim thereof shall rest on the …
By Daniel Vojcak
3 days ago 1

Beware Waiver: Recovery Not Permitted on Damages Theories Not Presented/Preserved at Trial

In Promega Corporation v. Life Technologies Corporation, on remand from the Supreme Court, the Federal Circuit affirmed district court rulings that granted Life Technologies’ motion for judgment …

ITC institutes 337 investigation into allegations of patent infringement by Schick Hydro

The U.S. International Trade Commission (ITC) announced that it had decided to open a Section 337 investigation over allegations of potential patent infringement in the consumer hygiene …
By Steve Brachmann
8 days ago 0

The Impact of Bad Patents on American Businesses

What is a bad patent? Congress has established the requirements for obtaining a patent. The patent office grants a patent to applicants when they meet those requirements. …
By Josh Malone
15 days ago 10

All patent infringement is willful patent infringement

The reality created by eBay in light of the AIPA is simple: If you scrape an invention off the USPTO website and massively commercialize it, you get …

Importance of Motions to Stay in Modern Patent Litigation

The TC Heartland decision follows the trend of eroding patent holder rights due to the potential for infringers to more easily move the lawsuit to a more …
By David Newman
23 days ago 0

Tax Reform to Revive the American Innovation Culture

The U.S. patent promise of exclusivity has become nothing more than lip service with no credibility for more than half a century. A patent system maintained …
By Jianqing Wu, Ph.D.
1 month ago 3

Idenix v. Gilead: District Court Exercises Discretion to Deny Enhanced Damages

Idenix Pharmaceuticals LLC v. Gilead Pharmaceuticals, Inc., C.A. No. 14-846-LPS (Delaware Dist. Court, Sept 22, 2017) (“Idenix v. Gilead”), is a good example of the exercise of …

Acting PTO Director Joseph Matal Speaks to Independent Inventors

Mr. Matal opened his discussion stating his belief that independent inventors are the lifeblood of American innovation. He said that a patent is a property right and …

Denying TC Heartland Changed the Law on Venue Ignores Reality

On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands, LLC, 137 S.Ct. 1514 (2017), the Supreme Court held that patent venue is controlled exclusively by 28 U.S.…
By Keith Grady & Karen Morris
1 month ago 3

Federal Circuit Reverses PTAB’s Unreasonably Broad BRI of term

In Re: Smith International, the Federal Circuit reversed, finding that the Board’s construction of “body” was unreasonably broad. While the claims do recite “body” without further …

Patentee Fails to Prove Equivalents did not Ensnare the Prior Art

Crafting a proper hypothetical claim is a prerequisite to whether a theory of infringement under the doctrine of equivalents would also ensnare the prior art. The burden …

ITC institutes Section 337 investigation into Hisense Wi-Fi TVs infringing on Sharp patents

On Wednesday, September 27th, the U.S. International Trade Commission (ITC) announced that it had decided to institute a patent infringement investigation against Chinese electronics manufacturer Hisense (…
By Steve Brachmann
2 months ago 1

Cloud Services Indemnification Promises and Pitfalls

As businesses rapidly outsource their IT functions to the cloud, customers seeking cloud computing or cloud services must understand the risks, especially when sensitive, regulated or confidential …
By Jason Wejnert
2 months ago 0