Posts Tagged: patent infringement


IBM Wins $82.5 Million Award Against Groupon in Jury Verdict

On July 27th, a jury verdict entered into the District of Delaware awarded $82.5 million in reasonable royalties to information technology giant IBM after that company asserted a …
By Steve Brachmann
3 months ago 4

PopSockets wins General Exclusion Order Against Infringing Grips at ITC

PopSockets filed its Section 337 complaint with the ITC last April, naming 14 respondents, with 13 based in China and one operating in Hong Kong. This February, the administrative law …
By Steve Brachmann
3 months ago 1

Federal Circuit Affirms District Court’s Finding of Validity of Claims Directed to Aveed®

When relying on scientific guidelines to support an obviousness rationale, practitioners should offer evidence for why contradictory guidelines should be discounted. A claimed constituent is not “necessarily …

The Broadest Reasonable Claim Interpretation Cannot Exceed the Specification

TF3’s patent-in-suit is for a “hair styling device” that automated the curling of hair. TF3 appealed the decision of the Board in an IPR requested by …

Prescription Tracking Patents Confirmed as Unpatentable After IPR Appeal

The Federal Circuit reviewed whether certain prior art was “publicly accessible,” because Jazz alleged the material was not a “printed publication” under Section 102(b). Jazz argued that …

Entire Market Value Rule Inappropriate When Patented Feature Not Sole Driver of Customer Demand

Power Integrations, Inc. owns U.S. Patent Nos. 6,212,079 ("the '079 patent") and 6,538,908 ("the '908 patent"). Power Integrations sued Fairchild Semiconductor Corporation and Fairchild (Taiwan) Corporation (collectively "Fairchild") …

Supreme Court Holds Patent Owners May Recover Lost Profits for Infringement Abroad

In WesternGeco LLC v. ION Geophysical Corp., the U.S. Supreme Court held that patent owners may recover lost foreign profits under §271(f)(2) when the infringing party …

Burden to Prove Patentability of Proposed Amended Claims Improperly Shifted to Patent Owner in IPR

The Federal Circuit found that substantial evidence supports the Board’s conclusion that a person of ordinary skill in the art would have been motivated to combine …

Federal Circuit Vacates TTAB’s Findings That ZERO Is Not Generic And Acquired Distinctiveness

In Royal Crown Co. v. Coca-Cola Co, the USPTO approved The Coca-Cola Company’s combination marks including the term ZERO, to be used on a variety of …

Denying Inducement to Infringe in Face of a Drug Label: A Fool’s Errand?

Proving inducement to infringe requires showing that the accused infringer possessed “specific intent” to infringe. In pharmaceutical cases, particularly those arising in the Hatch-Waxman framework, specific intent …

USAA Asserts Mobile Check Deposit Patents Against Wells Fargo

USAA alleges that Wells Fargo Mobile Deposit remote deposit capture system, which was released years after either of USAA’s remote deposit services were first offered, infringe …
By Steve Brachmann
4 months ago 4

ITC Institutes 337 Complaint Accusing Toyota Vehicles of Infringing Infotainment Chip Patents

On Thursday, June 7th, the U.S. International Trade Commission (ITC) announced that it was instituting a Section 337 patent infringement investigation of automobile infotainment systems being imported …
By Steve Brachmann
4 months ago 0

ECCO Accuses Skechers of Stealing Soles, Files Patent Infringement Lawsuit in Delaware District Court

Recently, Denmark-based footwear maker ECCO filed a suit alleging claims of patent infringement against Manhattan Beach, CA-based shoemaker Skechers. The suit, filed in the federal district for …
By Steve Brachmann
4 months ago 2

‘Graphical User Interface’ does not necessarily invoke means-plus function analysis

In Zeroclick, LLC v. Apple Inc., before Judge Jimmie Reyna, Judge Richard Taranto, and Judge Todd Hughes, Zeroclick appealed a district court's interpretation of the claims as …

CAFC Vacates Board for Moving Target Rejections, Failure to Consider Reply Brief

The moving target rejections were largely due to the fact that the examiner's first clear explanation that she was relying on structural identity, and not inherency, appeared …

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