Posts Tagged: patent infringement


Distribution Agreement Considered a Commercial Offer and On-Sale Bar

The Federal Circuit reiterated that the on-sale bar does not exempt commercial agreements between a patentee and its supplier or distributor. It is the commercial character of …

A Poor History of Wright Brothers Concludes they were Patent Trolls

In the first sentence of the entire article, the author falls prey to a misconception often parroted by those with anti-patent viewpoints, namely that patent protection is …

NuCurrent Alleges Patent Infringement After Samsung Feigns Interest in Business Relationship

Chicago, IL-based wireless power solutions provider NuCurrent filed a complaint alleging trade secret misappropriation and patent infringement against Korean tech giant Samsung Electronics (KRX:005930). The case, filed …
By Steve Brachmann
9 days ago 0

Ariosa Liable for $26 Million in Lost Profits for Infringing Two Blood Test Patents

A jury verdict awarded more than $26 million to a group of plaintiffs including San Diego, CA-based gene analysis firm Illumina, Inc. The jury found that Ariosa Diagnostics …
By Steve Brachmann
11 days ago 1

Litigants May Not Use a DJ to Obtain Piecemeal Adjudication

The Federal circuit heard the case on AbbVie Inc. v. MedImmune Ltd. AbbVie and MedImmune entered a development and licensing agreement in 1995. The agreement stemmed from a …

Board Improperly Interpreted Incorporation by Reference

While the Court affirmed several of the Board’s validity findings, it reversed the determination that the ’455 PCT qualifies as prior art. At issue was the extent …

Exmark: Reasonable Royalty Damages, Apportionment and Expert Opinions

While Exmark invites a more flexible approach to apportionment, allowing, at least in some cases, a focus on the royalty rate to value the patented invention, the …

IP and Sovereign Immunity: Why You Can’t Always Sue for IP Infringement

The overlap between sovereign immunity and IP issues is not something that comes up all of the time. However, when it does, the impact of the immunity …
By Mitchell Feller
19 days ago 2

2017 Saw Fewest Patent Lawsuits Filed Since 2011

Q4 2017 saw a total of 981 patent infringement cases filed in district courts, the second-lowest total for any quarter in 2017 and the third-lowest total for any quarter dating …
By Steve Brachmann
20 days ago 8

In Travel Sentry v. Tropp, CAFC recognizes broad scope of attribution under doctrine of divided infringement

The central issue before the Federal Circuit was whether there was a genuine issue of material fact that TSA’s performance of those steps could be attributed …

Samsung Liable for Infringing Huawei Patents After Maliciously Delaying Negotiations

A Chinese court entered a ruling in favor of Huawei in a patent infringement case against Korean electronics conglomerate Samsung. While finding Samsung liable for infringing the …
By Steve Brachmann
1 month ago 1

When Post-Filing Evidence to Determine Written Description Support Is Admissible: Amgen v. Sanofi

May a court rely on post-priority-date evidence offered to show that a patent lacks written description support even though written description is judged based on the state …

PTAB Errors Fatal to Hundreds of Legitimate Patents

There have been 220 patents upheld as valid in real courts and also subject to a final written decision in the PTAB. The PTAB only agreed with the …

Whether TSA Action is Attributable for Direct Infringement is Genuine Issue of Fact

The key issue in the present appeal, in light of Akamai V, is whether TSA’s performance of the final two steps of the patented method claims …

Combinations do Not Anticipate if Artisan Would Not Immediately Envision Claimed Combination

The Federal Circuit heard the case of Microsoft Corp. v. Biscotti, Inc. After Biscotti, Inc. (“Biscotti”) sued Microsoft Corp. (“Microsoft”) for patent infringement, Microsoft filed three unsuccessful …