877 articles · page 62 of 74
Federal Circuit Summary Before NEWMAN , DYK, and STOLL. Appeal from the Northern District of California. Summary : A consumer of a patented product has no standing under the Declaratory Judgment Act to challenge the validity of patents. AIDS…
Federal Circuit Summary Before PROST , WALLACH, and TARANTO. On Petition for Writ of Mandamus to the U.S. District Court for the District of Delaware. Summary : The patent venue statute, 28 U.S.C. § 1400(b), does not apply to foreign corporations,…
CASE OF THE WEEK Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc. , Appeal Nos. 2016-2121, -2208, -2235 (Fed. Cir. 2018)‎ In an appeal from a jury trial, the Federal Circuit addressed numerous issues relating to both…
Federal Circuit Summary Before Moore, Hughes, and Stoll . Appeal from the United States District Court for the District of North Dakota. Summary : A district court must articulate a reasonable basis for denying attorneys’ fees under § 285 if it…
Federal Circuit Summary Before Reyna , Wallach, and Stoll. Appeal from the United States District Court for the Middle District of Georgia. Summary : A complaint that attaches the asserted patents, specifically identifies the accused products by name and…
Federal Circuit Summary Before Dyk, Bryson, and Taranto . Appeal from the United States District Court for the Eastern District of Texas. Summary : A plaintiff has no 7th Amendment right to a jury trial for a claim for disgorgement of profits for trade…
CASE OF THE WEEK Gilead Sciences, Inc. v. Merck & Co., Inc. , Appeal Nos. 2016-2302, -2615 (Fed. Cir. 2018) In an appeal from a bench trial finding patents unenforceable, the Federal Circuit issued a rare decision on the doctrine of unclean hands. The…
On April 25th, a Fed. Cir. panel of Judges Taranto, Clevenger and Chen affirmed the unenforceability of two Merck patents covering a drug presently marketed as Sovaldi(r) to treat hepatitis C, sofosbuvir. Gilead Sciences, Inc. v. Merck & Co., Appeal Nos.…
Federal Circuit Summary Before Newman, Mayer , and Stoll. Appeal from the U.S. District Court for the Northern District of Ohio. Summary : While there is not a “practicing the prior art” defense to literal infringement, a litigant is not…
On March 22, 2018, a Texas federal court awarded patent infringement damages totaling over $8 million and ongoing royalties in a case involving multiple patents related to voice over IP technology. The damages award is based on a jury trial that was…
CASE OF THE WEEK Droplets, Inc. v. E*TRADE Bank , Appeal No. 2016-2504 (Fed. Cir. 2018)‎ In an appeal from an inter partes review, the Federal Circuit affirmed a decision by the PTAB invalidating a patent concerning interactive computer links. The case…
Federal Circuit Summary Before Reyna, Taranto , and Hughes. Appeal from the United States District Court for the Central District of California Summary : An individual claiming sole inventorship of a patent has standing under 35 U.S.C. § 256 to…
