Posts in District Courts


Supreme Court Poised to Reverse CAFC Trademark Decision on Willfulness as Prerequisite for Profits Award

On Tuesday, the Supreme Court heard oral arguments in Romag Fasteners v. Fossil, Inc., Fossil Stores, I. Inc., Macy’s Inc, and Macy’s Retail Holdings, Inc. …
By Michael Greenberg
1 day ago 0

Federal Circuit Affirms District Court Decision for CBS in Light of PTAB Invalidation

Last Friday, the Federal Circuit affirmed a district court decision that found for the CBS Corporation in its defense against infringement and invalidity as to three claims …
By Butch Laker
2 days ago 2

CAFC Affirms District Court Finding that Hospira Precedex Patent Claim is Obvious

On January 9, the Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the U.S. District Court for the Northern District of Illinois, holding …
By Nancy Braman
7 days ago 0

Top Tips for Trying Your First (or Next) Patent Jury Trial

Writing about tips for trying patent jury trials is, in some ways, like teaching skills for hunting dinosaurs. To start, patent jury trials are challenging, which (presumably, …
By Patrick Arenz
7 days ago 1

Federal Circuit Affirms Decision Finding Zohydro ER Patents Obvious

On December 27, U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Jimmie Reyna authored an opinion affirming the U.S. District Court for the District …
By Butch Laker
11 days ago 0

Federal Circuit Upholds $70 Million Judgment for Amgen in Epogen Biosimilar Case

Yesterday, in an opinion authored by Judge Moore, the Court of Appeals for the Federal Circuit (CAFC) affirmed the District of Delaware’s decision that: 1) U.S. …
By Nancy Braman
1 month ago 0

Chertoff Op-Ed on FTC v. Qualcomm Misrepresents the National Security Threat

On November 25, former Director of Homeland Security Michael Chertoff wrote an opinion piece in the Wall Street Journal that chastised the Department of Energy for filing an …
By Gene Quinn
1 month ago 19

Federal Circuit Upholds District of Delaware’s Summary Judgment Ruling for Donghee

Last week, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential public opinion affirming the District Court for the District of Delaware’…
By Butch Laker
1 month ago 2

Other Barks & Bites, Friday, December 6: Lawmakers Concerned with Copyright Restatement, USPTO Pushed to Keep SEP Injunction Policy, Qualcomm Pushes Back on Koh at Ninth Circuit

This week in Other Barks & Bites: the U.S. Supreme Court hears oral arguments over copyright status of the Official Code of Georgia Annotated; the Federal Circuit …
By IPWatchdog
1 month ago 1

Ericsson Wins, But CAFC Dodges Whether Offers Were FRAND

Earlier today, the United States Court of Appeals for the Federal Circuit issued a decision in a standard essential patent (SEP) appeal involving Ericsson and TCL Communication …
By Gene Quinn
1 month ago 2

Another Front in China’s Economic War: Senate IP Subcommittee Seeks to Solve USPTO’s Fraudulent Trademarks Problem

Senator Thom Tillis (R-NC) yesterday led a hearing of the Senate Committee on the Judiciary’s Subcommittee on Intellectual Property titled “Fraudulent Trademarks: How They Undermine the …
By Eileen McDermott
1 month ago 0

No Justice for Small Company Innovators: Make Your Voice Heard on the America Invents Act, IPRs, and the CAFC’s Rule 36

My company, Chestnut Hill Sound Inc. (ChillSound), has been victimized by a U.S. patent system that for nearly a decade has been in a sorry state. …
By Robert Friedman
2 months ago 4

Congress Includes an Ugly Sweater in the STRONGER Patents Act

It is not unusual for there to be unintended consequences in the law or life. A loved one gives you something you don’t really like, but …
By Paul Vickers Storm
2 months ago 4

Other Barks & Bites for Friday, November 29: China Pledges ‘Social Satisfaction’ on IP Protection and Nominates Candidate to Head WIPO

This week in Other Barks & Bites: the Federal Circuit issues precedential decisions regarding its authority to remand to the PTAB, patent prosecution history estoppel and expert testimony …
By IPWatchdog
2 months ago 1

Federal Circuit Affirms District Court’s Summary Judgment of NonInfringement Under the Doctrine of Equivalents

On November 22, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the District of Nevada granting summary judgment of noninfringement under …
By Nancy Braman
2 months ago 0