Posts Tagged: Patent Litigation


Federal Circuit Affirms District Court Judgment on All Grounds in LifeNet Health v. LifeCell

Lifenet’s patent is for plasticized soft tissue grafts used for transplantation in humans. The specification discloses that plasticizers can be removed before implantation, although they need …

Federal Circuit Provides Additional Insight on §101 Protections for Software Patents

In a September 13, 2016 decision relating to subject matter eligibility of software patents under 35 U.S.C. § 101, the Federal Circuit vacated the district court’s order granting Defendants’ …

Use of PTAB Decisions in District Court Litigation

As the above cases illustrate, PTAB decisions have affected district court cases in different ways. Determining whether the use of a PTAB decision is likely to be …
By Naveen Modi
7 days ago 4

Jury’s Willfulness Determination Affirmed Under Modified In re Seagate Standard

Stryker Corporation was awarded $70 million in lost profits after a jury found that Stryker’s patents were valid and willfully infringed by Zimmer. The district court affirmed …

House Judiciary subcommittee questions Lee on preventing time and attendance abuse at USPTO

“My team and I do not tolerate time and attendance abuse,” Lee told the subcommittee. While she did note that the USPTO had taken disciplinary actions against …
By Steve Brachmann
11 days ago 15

10% of judicial emergencies are in EDTX, the preferred venue for patent litigation

Three of the judicial emergencies, just less than 10 percent of all judicial emergencies in the U.S. federal court system, are in the U.S. District Court …
By Steve Brachmann
23 days ago 4

Is Nome, Alaska ready for Paragraph 4 ANDA litigation? How about San Juan, Puerto Rico?

Nome, Alaska and San Juan, Puerto Rico are both home to a federal courthouse where, ostensibly, under the recent Acorda Therapeutics holding and subsequent court decisions, a …
By Jennifer Mauri
23 days ago 2

EDTX triples damages award against Samsung due to false testimony, discovery violations

The court decided to award enhanced damages in this case because of egregious behavior on behalf of Samsung, including attempts to copy the technology and demonstrably false …
By Steve Brachmann
24 days ago 1

ResMed brings infringement suit over sleep apnea treatment devices

On Wednesday, August 17th, respiratory health device developer ResMed Inc. (NYSE:RMD) of San Diego, CA, announced that it had filed multiple legal actions against Fisher & Paykel …
By Steve Brachmann
27 days ago 2

Sirius XM Holdings is latest patent target for Global Interactive Media

Global Interactive Media is attempting to enforce its rights on a patent which has expired. The ‘907 patent originally issued in October 2011, lapsed effective last October because of …
By Steve Brachmann & Gene Quinn
1 month ago 1

PCT International keeps permanent injunction thanks to Rule 36 affirmance

A lack of written opinion in the Rule 36 affirmance issued by Federal Circuit wasn’t an issue for PCT’s counsel. "These types of results reflect a …
By Steve Brachmann
1 month ago 0

Rule 36 Judgment: The growing problem of one word affrimance by the Federal Circuit

In PCT International, Inc. v. Holland Electronics, LLC, the use of a Rule 36 judgment is particularly disconcerting because the Federal Circuit upheld the issuance of a permanent …
By Gene Quinn
1 month ago 6

The Number of Unique Patent Assertions Has Been Declining Since 2010

The analysis of unique patent numbers asserted each year surprisingly suggested a decline since 2010. This is an important measure, because it shows that the rise in the …
By Pedram Sameni
1 month ago 0

Rest in Peace Friend: Remembering Raymond Niro

Renowned patent litigator and champion of independent inventors, Raymond P. Niro, has passed away while traveling in Italy. Throughout his career he was a champion for the …
By Gene Quinn
2 months ago 23

Opposition to Venue Reform Misses Target

There is simply no reason for so many patent cases to wind up in a district with so little relation to those cases. Basic principles of equity …
By Matt Levy
2 months ago 21