Posts Tagged: infringement


A New Paradigm for Risk Management in Increasingly Intangible Economies

The business world has fundamentally changed, but most business people seem not to have noticed. Intangible assets and investments are increasingly dominating the leading economies. The world’…
By Jason Sandler
1 month ago 2

Federal Circuit Deems Written Description Requirement Satisfied if Specification Identifies the Claimed Invention in a Definite Way

The United States Court of Appeals for the Federal Circuit recently issued a ruling reversing a district court’s grant of summary judgment of non-infringement and invalidity …

Ribbon Communications Decries ‘Baseless Attacks’ on IP Rights After Metaswitch Networks Files Antitrust Suit

Secure cloud communications provider Ribbon Communications announced it would continue to enforce its intellectual property rights in the face of what it called “baseless attacks” by its …
By Steve Brachmann
4 months ago 0

ITC Final Initial Determination: Apple Devices Infringe Qualcomm Patent but No Exclusion Order

Despite finding patent infringement under Section 337 and upholding the validity of Qualcomm’s asserted patents, ALJ Pender found that the statutory public interest factors weighed against issuing …
By Gene Quinn & Steve Brachmann
6 months ago 3

CAFC vacates Summary Judgment entered against Intellectual Ventures

On Tuesday, September 4th, the Court of Appeals for the Federal Circuit issued a precedential decision in Intellectual Ventures I LLC v. T-Mobile USA, Inc., et. al., …
By Gene Quinn & Steve Brachmann
8 months ago 0

A Personal Plea From the Zip-It Inventor to Support the Inventor Protection Act

Cobra Products filed a lawsuit for patent infringement. G.T. Water then filed for a re-examination of my patent at the U.S. Patent and Trademark Office …
By Gene Luoma
8 months ago 35

Rejection of proposal did not obviate requirement to disclose inventions to standard setting body

The Federal Circuit, however, found the district court’s enforceability finding to be unsupported by evidence. The rejection of Nokia’s proposal did not obviate Nokia’s …
By Gene Quinn & Steve Brachmann
8 months ago 1

Florida Restaurateurs Face Off in Trademark Suit Over Frenchy’s Name

On February 20th, Clearwater Beach, FL-based restaurateur Frenchy’s Corporate filed a suit alleging trademark infringement against the owners and operators of Frenchy’s Pizzeria & Tavern, …
By Steve Brachmann
1 year ago 3

Examining CAFC Application of §271(g)(1)’s ‘Materially Changed’ Exception to Infringement Liability

35 U.S.C. § 271(g) was enacted in 1988 as part of the Process Patents Amendments Act to address instances where would-be infringers were avoiding infringement liability by using …
By Theodore Chiacchio
1 year ago 0

Litigants May Not Use a DJ to Obtain Piecemeal Adjudication

The Federal circuit heard the case on AbbVie Inc. v. MedImmune Ltd. AbbVie and MedImmune entered a development and licensing agreement in 1995. The agreement stemmed from a …

2017 Saw Fewest Patent Lawsuits Filed Since 2011

Q4 2017 saw a total of 981 patent infringement cases filed in district courts, the second-lowest total for any quarter in 2017 and the third-lowest total for any quarter dating …
By Steve Brachmann
1 year ago 8

DMCA 2017: 9th Cir. decides safe harbor, anti-circumvention cases

In 2017, there were several noteworthy decisions relating to the Digital Millennium Copyright Act (DMCA). Specifically, the Ninth Circuit addressed two separate cases, one dealing with safe harbor …
By Heather Smith-Carra
1 year ago 0

When Post-Filing Evidence to Determine Written Description Support Is Admissible: Amgen v. Sanofi

May a court rely on post-priority-date evidence offered to show that a patent lacks written description support even though written description is judged based on the state …

PTAB Errors Fatal to Hundreds of Legitimate Patents

There have been 220 patents upheld as valid in real courts and also subject to a final written decision in the PTAB. The PTAB only agreed with the …

CAFC sides with Sandoz, Amgen’s state claims preempted by BPCIA

Originally filed in October 2014, the long-running and high-stakes battle between two powerhouse companies, Amgen and Sandoz, continues to lay out the ground rules for a growing biosimilar …
By Aubrey Haddach
1 year ago 1