Posts Tagged: direct infringement
Ninth Circuit finds no Copyright Infringement by Owner of Infringing IP Address
On appeal, the Ninth Circuit panel found that the district court had properly dismissed both the direct and the contributory infringement claims with prejudice. Although Cobbler Nevada …
Did Federal Circuit Fail to Understand the Technology? We Will Never Know Thanks to Rule 36!
But did Judge Reyna really fail to understand the importance that a web page and the page server are not the same thing as the Federal Circuit …
Spotify, SoundCloud and Deezer Music Apps Sued for Infringing Music Organizer and Entertainment Center Patent
Patent owner MOAEC Technologies filed suits alleging claims of patent infringement in the District of Delaware against a series of music entertainment app providers including Spotify, SoundCloud …
Disputed Claim Construction Not Suitable for Resolution on a Motion to Dismiss
Nalco asserted that the only difference between its patented method and the Chem-Mod Process was the location of the injection. The district court dismissed Nalco's complaints for …
Whether TSA Action is Attributable for Direct Infringement is Genuine Issue of Fact
The key issue in the present appeal, in light of Akamai V, is whether TSA’s performance of the final two steps of the patented method claims …
Philips, ZOLL closing in on a settlement of patent litigation over defibrillator technologies
On November 28 the parties requested an extension of the temporary stay, explaining: "The parties are still actively engaged in settlement discussions but require additional time to potentially …
Federal Circuit Clarifies Standard for Pleading Infringement in Lifetime v. Trim-Lok
Lifetime Industries, Inc. v. Trim-Lok, Inc., 2017-1096, (Fed. Cir. Sept 7, 2017) is an appeal involving a dispute over the correct pleading standard in the context of allegation of …
Federal Circuit Reverses and Remands Dismissal of Direct and Indirect Infringement Claims
A party need not prove its infringement case with detailed facts at the pleadings stage. For direct infringement, it is sufficient to identify where the alleged infringement …
Federal Circuit affirms patent owner victory of lost profits, enhanced damages
The standards for overturning a jury verdict and Court’s award of enhanced damages are high. The legal standard regarding lost profits is not limited to one …
UK Supreme Court says regardless of Article 2, doctrine of equivalents exists under UK patent law
The UK Supreme Court recently addressed the extent to which under the European Patent Convention 2000 (“EPC 2000”), a patentee may obtain protection against products or processes that are …
Federal Circuit Affirms District Court Judgment on All Grounds in LifeNet Health v. LifeCell
Lifenet’s patent is for plasticized soft tissue grafts used for transplantation in humans. The specification discloses that plasticizers can be removed before implantation, although they need …
Federal Circuit affirms district court’s summary judgment of non-infringement
Akzo appealed from the decision of the district court (Chief Judge Leonard Stark) to grant summary judgment to Dow, which found that Dow did not infringe the …
Federal Circuit Reverses District Court on Direct and Induced Infringement
The Court agreed, noting testimony from Cisco’s engineer who stated that the system needed only one copy of the protocol to support all devices. Commil’s …
Eli Lilly prevails in divided infringement Alimta® patent case
The United States District Court for the Southern District of Indiana ruled in favor of Eli Lilly (NASDAQ: LLY), issuing a final judgment in the Hatch-Waxman infringement …
Federal Circuit affirms finding of no indirect infringement software provider
JVC is a member of two licensing pools for optical disc technology, one for DVD and one for Blu-ray. The asserted patents are included in both pools. …
