Posts Tagged: Patent Litigation


Makers of Popular Bakugan Toy Files Patent Infringement Suit over Transformable Toys

The technology covered by the ‘073 patent has been incorporated into the series of Bakugan rollable toys developed by Spin Master and released in 2007 in conjunction with the …
By Steve Brachmann
1 day ago 0

Despite Discovery Violations, Amneal Prevails on against Merck in Nasonex Patent Dispute

Merck appealed the lower court’s finding of non-infringement of U.S. Patent No. 6,127,353 (“the ‘353 patent”), which is directed toward mometasone furoate monohydrate (“MFM”), commercially used in …

Federal Circuit vacates PTAB decision for failure to explain reason claims were invalid

Unlike the Board’s anticipation determinations, which contravened the only permissible findings that could be drawn from the prior art under the proper constructions of the relevant …

PTAB Ruling Tainted by Hindsight; Failure to Consider Undisputed Commercial Success

The Federal Circuit also remanded to the Board further consideration of the undisputed evidence presented by Polaris that its ATVs were a commercial success. Polaris presented undisputed …

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 …

CAFC affirms PTA calculation because patentee did not properly request early national stage examination

The Federal Circuit found that Actelion was required to make an express request to commence early national stage examination. Actelion’s statement “earnestly soliciting early examination,” which …

A Surreal Endeavor: Asserting Patent Rights in the U.S.

Asserting patent rights is a surreal endeavor these days. While the statistics on survival at the PTAB are improving, with the percentage of initiated proceedings declining and …
By Meredith Addy
7 days ago 14

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
11 days ago 0

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 …

TiVo Files Patent Lawsuits against Comcast, Only Major U.S. Pay-TV Provider Without a TiVo Patent License

TiVo files patent lawsuits, the latest steps TiVo has taken in the hopes of resolving the renewal of a long-term licensing agreement that TiVo has already has …
By Steve Brachmann
20 days ago 0

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 …

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
22 days ago 8

Jury ignores Stop Instruction in Verdict Form, Resubmission to Jury was Appropriate

This appeal revolves around the jury verdict form. The form included a stop instruction, which told the jury not to consider invalidity defenses unless first finding infringement. …