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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
