Posts in Courts
Section 101 Motions to Dismiss Still Alive in District Courts
In Berkheimer and Aatrix, the Federal Circuit indicated that although patent eligibility under Section 101 is ultimately a question of law, the determination may have factual underpinnings that, …
Fitness Anywhere win Enhanced Damages and Permanent Injunction as Infringement Continued Post Verdict
The order granted post-trial motions filed by Fitness Anywhere both for enhanced damages on the patent infringement findings as well as a permanent injunction against WOSS. Although …
Industry Reaction to Helsinn Healthcare v. Teva Pharmaceuticals Oral Arguments
On Tuesday, December 4th, oral arguments were held before the U.S. Supreme Court in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA. The nation’s highest …
Proceed with Caution When Acquiring a Licensor’s Patents
All too often, the prospective licensee/purported infringer usually doesn’t begin its efforts to acquire the patent(s) until after making disparaging statements about them during …
Congress Initially Rebuffs SCOTUS Dominance of Patent Law, But Not for Long
The chaos created by this forum shopping was exacerbated by differing views of what in these rulings by SCOTUS was holding, and what was simply dicta. Together …
Federal Circuit Affirms $140M Reasonable Royalty for Sprint in Nonprecedential Decision
The Federal Circuit upheld the district court’s damages award of approximately $140 million for Sprint after Time Warner was found to infringe claims of five patents covering …
ITC Misapplied Res Judicata, Can Modify Penalty After Asserted Patent Claims Found Invalid
The Federal Circuit panel of Chief Judge Sharon Prost and Circuit Judges Jimmie Reyna and Kimberly Moore determined that the ITC erred in applying res judicata to …
Why is SCOTUS Creating a Federal Common Law of Patents?
What makes SCOTUS’s assertions in patent law jurisprudence that there are these “exceptions” or additional “requirements” particularly annoying to many of us in the patent bar …
Supreme Court Hears Helsinn v. Teva: Does On-Sale Bar Capture Secret Sales
On the morning of Tuesday, December 4th, the U.S. Supreme Court held oral arguments in the case of Helsinn Healthcare S.A. v. Teva Pharmaceutical USA (…
FTC v. Qualcomm: Court Requires Licensing of Standard Essential Patents to Competitors
The Qualcomm decision is unique in that it appears to be the first decision to require a SEP holder to license its patented technology to its competitors, …
Personal Jurisdiction is Not Established by Prior Lawsuit or Sending Infringement Notice Letters
The Federal Circuit recently affirmed the District Court for the Eastern District of Tennessee’s dismissal of a declaratory judgment action based on a finding of lack …
CAFC Overturns Preliminary Injunction on Generic Suboxone Film Over Newman Dissent
The Federal Circuit issued a nonprecedential decision in Indivior Inc. v. Dr. Reddy’s Laboratories, S.A., which vacated a preliminary injunction handed out by the District …
Ancora v HTC: Why You Should Draft Patents That Emphasize Technical Solutions
Last week, in Ancora Technologies v HTC America, the Federal Circuit reversed a lower court’s invalidity ruling under 35 USC §101 by concluding that Ancora’s claimed subject …
Supremes Deny101 Appeal Dealing with Electronic Data and Electromagnetic Signals
On Monday, December 3rd, the U.S. Supreme Court denied a petition for writ of certiorari in Carl M. Burnett v. Panasonic Corporation, declining to take up …
CAFC Vacates PTAB Decision to Uphold Conversant Wireless Patent Challenged by Google, LG
On Tuesday, November 20th, the Court of Appeals for the Federal Circuit issued a nonprecedential decision in Google LLC v. Conversant Wireless Licensing, which vacated a decision …
