Posts in Litigation


The Price of Paice and Complexity: Rules, Standards and Facts for Post-Judgment Royalty Consideration

The Supreme Court and Federal Circuit permit prevailing patentees to obtain a higher royalty rate for an infringer’s post-judgment infringing sales. But whatever the reason, district …

Federal Circuit Rejects St. Jude’s Challenge to Validity of Snyders’ Heart Valve Patent

On October 15, the United States Court of Appeals for the Federal Circuit (CAFC), in St. Jude Medical, LLC v. Snyders Heart Valve LLC, affirmed an inter partes …
By Rebecca Tapscott
2 days ago 0

CAFC Affirms District Court Dismissal of Declaratory Judgment Under Doctrine of ‘Abstention’

On October 14, the United States Court of Appeals for the Federal Circuit (CAFC), in Warsaw Orthopedic, Inc. v. Sasso, affirmed a decision of a district court dismissing …
By IPWatchdog
3 days ago 0

Federal Circuit Affirms PTAB Finding that Immunex Antibody Patent is Obvious

The United States Court of Appeals for the Federal Circuit (CAFC) on Tuesday affirmed an invalidity decision of the U.S. Patent and Trademark Office’s Patent …
By Rebecca Tapscott
5 days ago 0

Third Circuit Finds Stick-Shaped Cookie Trade Dress Invalid

Last week, the United States Court of Appeals for the Third Circuit affirmed a decision of the district court that granted summary judgment to Lotte International America …
By IPWatchdog
6 days ago 0

Patent Filings Roundup: Banks Targeted after CBM Expiry; Counterfeit Collections Suits on the Rise; Patent Food Fight

Patent Trial and Appeal Board (PTAB) filings were down substantially this week, with just 16 filed, possibly given the rush to file before the fee increase probably cleared …
By Jonathan Stroud
7 days ago 0

Voices, Copyrighting and Deepfakes

Jay-Z recently tried to have a YouTube video removed for copyright violations. When YouTuber Voice Synthesis used an open-source program, Tacotron 2, to digitally impersonate Jay-Z's iconic voice …
By Ivy Attenborough
7 days ago 0

Patent Stakeholders Weigh in on High Court Decision to Hear Arthrex

The United States Supreme Court has granted certiorari in three cases involving Arthrex, Inc. focusing on the question of whether the administrative patent judges (APJs) of the …
By Eileen McDermott
8 days ago 11

A Massive Threat to Innovation Dodged—for Now

When people think of innovation at this moment, odds are they are thinking about innovation in the biotech and pharmaceutical sector, as the industry scrambles to invent …
By Tom Giovanetti
8 days ago 2

Federal Circuit Vacates District Court’s Summary Judgment Ruling, Slamming ‘Misdirected Lawyering’

On October 7, the United States Court of Appeals for the Federal Circuit (CAFC), in AntennaSys, Inc. v. AQYR Technologies, Inc., vacated and remanded a decision of the …
By Rebecca Tapscott
8 days ago 1

Technical Submissions as Helpful Indicator of Standard Essential Patent Portfolio Value

While 5G technology is quite well known by many in popular culture, thanks to nearly ubiquitous television commercials, it is not the only new wireless technology that …
By Gene Quinn
9 days ago 2

Centripetal Networks Awarded $1.9 Billion in Infringement Suit Against Cisco

Earlier this week, the United States District Court for the Eastern District of Virginia (the Court) entered what is believed to be one of the highest damages …
By Rebecca Tapscott
12 days ago 3

SCOTUS Denial of TCL v. Ericsson Petition Means Juries Decide Damages for SEP Infringement

On October 5, the United States Supreme Court denied TCL Communication’s petition for certiorari in TCL Communication Technology Holdings Ltd. V. Telefonaktiebolaget LM Ericsson. Of course, the …
By Gene Quinn
13 days ago 1

Patent Filings Roundup: PTAB Filers Rush to Beat Fee Increase; IP Edge Files 48 Complaints; Petitions Denied Under Fintiv Despite No Trial Date

Filings at the Patent Trial and Appeal Board (PTAB) were almost triple last week’s, with parties racing to file before the more than $10,000 filing fee increase …
By Jonathan Stroud
13 days ago 2

Justices Look for Reassurance That the Sky Won’t Fall When They Rule in Google v. Oracle

Google and Oracle each got to have their say in U.S. Supreme Court today, when eight justices heard oral argument in the closely-watched battle between the …
By Eileen McDermott
14 days ago 5