Posts Tagged: patent infringement


Federal Circuit Upholds the Board’s Invalidation of Southwire Patent

The Court found that the Board did not provide an adequate explanation for finding that the “30%” limitation was inherent in the reference, as a predicate for its …

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 …

A review of enhanced damages since Halo: Minimizing potential exposure to enhanced damages

Since the Supreme Court’s decision in Halo, there have been approximately 100 cases analyzing whether the adjudged infringer acted egregiously/willfully en route to a determination of …
By Theodore Chiacchio
6 days ago 0

Nintendo to appeal $10.1M jury verdict of infringement after invalidating 5 of 6 iLife patents at PTAB

A jury verdict recently entered into a patent infringement case in the Northern District of Texas found that Japanese gaming giant Nintendo infringed upon a patent asserted …
By Steve Brachmann
12 days ago 5

Federal Circuit Reverses Rule 12(b)(6) Eligibility Dismissal Under First Step of Alice

In Visual Memory LLC v. NVIDIA Corp., a district court dismissed a patent infringement complaint under FRCP 12(b)(6) for failure to state a claim, because the patent …

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 …

Senator Toomey changes tune on exclusion orders and patents, supports Comcast against TiVo at ITC

Toomey’s comments appear to argue against an exclusion order for TiVo, which at first glance probably is hardly surprising to anyone. Senator Toomey is supporting a …
By Gene Quinn
29 days ago 4

Octane Standard for Attorney’s Fees Applies to Lanham Act and Patent Act Cases

In mag Fasteners, Inc. v. Fossil, Inc., Romag sued Fossil for patent and trademark infringement and a violation of the Connecticut Unfair Trade Practices Act (“CUTPA”) after …

CAFC denies Amgen discovery in biosimilar patent dispute

In a patent infringement case governed by the Biologics Price Competition and Innovation Act of 2009 (“BPCIA”), the Federal Circuit found that it lacked jurisdiction to compel discovery …

Nintendo Switch gaming console is at center of patent infringement suit filed by Gamevice

Gamevice is asserting a single patent in this case: U.S. Patent No. 9126119, titled Combination Computing Device and Game Controller with Flexible Bridge Section. Issued in September 2015, …
By Steve Brachmann
1 month ago 3

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 …
By Patrick Cantrill
1 month ago 4

You Need Defensive Patents But You Don’t Have Any. Now What? A Case Study

When the corporate asserter arrived at our client’s door, the asserter wanted: (1) to obtain both a cross-license and revenue from a patent license and (2) to increase …

Linking Patent Strategy to Commercial Success

Patenting the distinctive technological features that drive demand for your products and services will make your patent portfolio more valuable by creating a link, or nexus, between …
By Max Colice, Ph.D.
2 months ago 2

Congressman Darrell Issa: A well-financed ally of the efficient infringer lobby

With all of this money, it seems the efficient infringer lobby has managed to find an unlikely ally in Congress — someone who made his money as an …
By Gene Quinn & Steve Brachmann
2 months ago 12

Ensuring a robust defensive portfolio: A Prepared Counter-Assertion Strategy

The required number of patents in a given playbook varies based on both the size of company of concern and our exposure to it. The general goal …