Posts Tagged: Patent Litigation


Canadian Toymaker Spin Master Scores Big Chinese Patent Damages Victory

On April 20, international IP firm Rouse announced the positive results of a patent infringement case brought in Chinese courts on behalf of Spin Master, a Canadian children’…
By Steve Brachmann
30 days ago 2

Federal Circuit Vacates Invalidity Finding Regarding Nevro Spinal Cord Therapy Claims

The Federal Circuit recently vacated and remanded a district court’s grant of summary judgment invalidating patent claims owned by Nevro Corporation (Nevro). See Nevro Corp. v. …

Are Machines ‘Agents’ for Purposes of the Patent Venue Statute? (Part II)

Part I of this article provided an overview of the Federal Circuit’s understanding of the patent venue statute after the Supreme Court’s decision in TC …
By Peter J. Toren
1 month ago 0

CAFC Affirms District Court Denial of Attorney Fees Where There Was No Final Court Decision

In O.F. Mossberg & Sons, Inc. v. Timney Triggers, LLC, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a district court decision that …
By Rebecca Tapscott
1 month ago 0

Patent Filings Roundup: Brine Battles, Enforcing the ‘One-Petition Rule’ and Matchmaker Patent Suits

District court patent filings are again high this week—73 new complaints filed (just a few shy of last week), but Patent Trial and Appeal Board (PTAB) cases …
By Jonathan Stroud
1 month ago 3

Will the Supreme Court Keep Kicking the Can or Stop It by Addressing Arthrex?

On April 6, Arthrex, Inc. filed a petition for certiorari in the U.S. Supreme Court on two discrete patent issues. Notably, one of the issues raised in …
By Bradley Olson
1 month ago 6

Are Machines ‘Agents’ for Purposes of the Patent Venue Statute? (Part I)

In its TC Heartland decision in 2017, the Supreme Court rejected the Federal Circuit’s interpretation of the patent venue law, and held that in order to bring …
By Peter J. Toren
1 month ago 6

Federal Circuit Finds District Court Abused Its Discretion by Enjoining a Patent Holder from Making Allegations of Patent Infringement

The Federal Circuit recently reversed, vacated, and remanded a decision by the United States District Court for the Eastern District of Michigan, finding that the District Court …

Patent Filings Roundup: Fertilizer, Fitness Tracker and Phone Fights

District court patent filings are up again this week, demonstrating that even a good lockdown can’t keep patent lawyers down; indeed, it appears there’s no …
By Jonathan Stroud
2 months ago 2

Your Licensees’ Patent Marking Program is Also Your Concern

As an in-house IP attorney, you may take comfort in knowing that your patent marking program is thorough, well-established, and properly executed. You have standardized procedures to …
By McCord Rayburn
2 months ago 0

Q1 2020 Patent Litigation Filings Show Western District of Texas is the New Venue of Choice

Our regularly published litigation report shows that, for the first quarter of 2020, just over 80% of the cases filed in West Texas were brought by NPEs, with only …
By Jonathan Stroud
2 months ago 2

Equitable Considerations Warranted Departure from First-To-File Rule

The United States Court of Appeals for the Federal Circuit recently ruled on an appeal regarding a Pennsylvania district court’s decision to decline jurisdiction over a …

What Happens at The Board Does Not Stay at The Board: How Patent Owners Can Leverage IPR Proceedings in Litigation

Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) often occur in parallel to district court cases. Patent owners whose patent rights survive …

Patent Filings Roundup: Medtronic Hit with Seven IPRs, Huawei Fields Multiple District Court Complaints

In the age of electronic filing, working from home and sheltering in place appears to have accelerated—or at least not slowed down significantly—district court and …
By Jonathan Stroud
2 months ago 5

Sanofi Decision Presents Opportunities to Clear the Patent Thicket for Generic Pharmaceuticals

The U.S. Court of Appeals for the First Circuit has made brand companies think twice about creating patent thickets in the Orange Book by resuscitating an …
By Joel Wallace & Jason Harp
2 months ago 2