The Rise of Multi-Defendant Patent Litigation: A Defendant's Perspective - PDF Presentation

On February 1st, the international law firm of Fulbright & Jaworski presented a discussion on the logistical, procedural, strategic and ethical challenges facing a defendant in a patent litigation against multiple parties. Discussion topics included: Joint defense group: pitfalls and...

Supreme Court Rules on Induced Infringement Standard and Upholds Clear and Convincing Evidence Standard for Invalidity

By Justin E. Gray ( jegray@foley.com ) The U.S. Supreme Court resolved two important patent law issues that were before it this term. On May 31, 2011, the Court issued its decision in Global-Tech Appliances, Inc. v. SEB S.A. , U.S., 10-6, -- U.S. - (2011); 179 L.Ed.2d 1167 (US 2011); 2011 US LEXIS...

Federal Circuit Poised to Clarify Rules on Joint Infringement

By Kevin Littman ( klittman@foley.com ) The U.S. Court of Appeals for the Federal Circuit's recent decisions in the area of joint infringement have generated disagreements about whether those decisions are consistent. The court recently signaled its intent to clarify the law of joint infringement...

Troutman Sanders LLP: EDVA Judge Grants Partial Summary Judgment and Denies Reconsideration in Long-Running Patent Malpractice Action

By Dabney Carr In the most recent rulings in the long-running suit by Touchcom, Inc. for malpractice against its Canadian patent firm, Bereskin & Parr ("B&P"), Judge Cacheris recently granted partial summary judgment (found here ) to B&P that Touchcom, Inc. lacked standing...

Troutman Sanders LLP: What Does In re Link_A_Media Devices Mean for the Eastern District of Virginia?

By Dabney Carr Earlier this month, the Federal Circuit granted a petition for mandamus and directed the District Court of Delaware to transfer venue of a patent infringement suit filed against Link_A_Media Devices to the Northern District of California, even though Link_A is a Delaware corporation...

Troutman Sanders LLP: Patent Litigation as MDL ... The Next Frontier?

By Robert Angle On January 26, 2012, Bear Creek Technologies, Inc. ("Bear Creek") filed a Notice of Filing Motion for Multi-District Litigation pursuant to 28 U.S.C. § 1407, in Bear Creek Technologies, Inc. v. RCN Telecom Services, LLC, Civil Action No.: 2:11-cv-103 (RAJ/FBS)...

Supreme Court: De Novo Review Proper For New Evidence in Patent Cases

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court today rejected a call by the U.S. Patent and Trademark Office (PTO) for stricter evidentiary rules and an elevated standard of review in challenges to adverse patentability rulings ( David J. Kappos v. Gilbert P. Hyatt , No. 10-1219, U.S. Sup...

Fitch, Even, Tabin & Flannery LLP: Supreme Court Requires De Novo Review in Civil Actions to Obtain Patent

By Allen E. Hoover Today [April 18, 2012], in Kappos v. Hyatt , the U.S. Supreme Court affirmed the Court of Appeals for the Federal Circuit, holding that courts must consider de novo any evidence presented by the appellant in a civil action under 35 U.S.C. § 145 . Under 35 U.S.C. §145...

Fitch, Even, Tabin & Flannery LLP: Federal Circuit Clarifies Procedure for Nonobviousness Analysis

By Calista J. Mitchell In a decision dated April 16, 2012, the Court of Appeals for the Federal Circuit issued an important ruling on obviousness analyses in patent litigation. In In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation , the Federal Circuit clarified that the...

Patents Post-Grant: New House Bill Targets Software Patent Litigation

New Bill Seeks to Recover Costs of "Egregious Legal Disputes" Since the enactment of the America Invents Act (AIA) in September of 2011, the "patent reform" embodied by the AIA has been slowly rolling out. In fact, the bulk of the truly significant changes to patent law are still...

Patents Post-Grant: USPTO Solicits Comments on Small Claims Court for Patent Disputes

Business-to-Business Initiative Drives Government Interest Small technology companies and start-ups face a daunting task in enforcing their intellectual property due to the cost prohibitive nature of patent litigation. In year's past academics and major bar associations would often brain storm...

The Place to Be in Litigation – Intellectual Property. IP Budgets Projected to Increase.

As reported by Law360 , a recent survey by Fulbright & Jaworski LLP shows that several companies are planning to increase their IP litigation budgets. Of the 392 in-house attorneys surveyed, 13 percent expect an increase in their IP litigation budget, with only 5 percent planning to spend...

High Court: Reverse-Payment Settlements Are Not Immune from Antitrust Scrutiny

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 17 ruled 5-3 that reverse-payment settlements of patent litigation between the holder of a drug patent and potential generic manufacturers of the drug are not necessarily immunized from an antitrust challenge, even if the anti-competitive...

Supreme Court in Actavis: Analyze Reverse-Payment Settlements’ Anticompetitive Effects Case by Case

In a much-anticipated decision, the Supreme Court in FTC v. Actavis held 5-3 that reverse-payment settlements of Hatch-Waxman Act litigation are neither immune from antitrust liability nor presumptively unlawful, but rather must be analyzed under the rule-of-reason standard on a case-by-case basis...

Clean Tech in Court: Green Patent Complaint Update, Summer 2013, Part I

I will catch up on the new green patent lawsuits filed in the last few months with a two-part green patent complaint update. The first part covers May through mid-June, which saw several new green patent complaints in the areas of biofuels, fuel recycling, smart grid, and LEDs, and other energy efficient...

Clean Tech in Court: Green Patent Complaint Update, Summer 2013, Part II

The second part of this green patent complaint update covers the period mid-June through most of July, during which several new complaints were filed in the areas of biofuels, components for hybrid and electric vehicles, LEDs, energy efficiency, solar air conditioners, water technology, and waste treatment...

Clean Tech in Court: Green Patent Complaint Update for Fall 2013

There have been a number of green patent complaints filed in the last several weeks in the areas of biofuels, LEDs, and smart grid. Biofuels GS Cleantech Corporation v. Aemetis, Inc. et al. GS Cleantech Corporation v. Homeland Energy Solutions, LLC GS Cleantech Corporation v. Little Sioux...

Top 5 Mistakes in IPR Petition Drafting

Avoid These Litigation Inspired Drafting Errors One of the biggest misconceptions about the new patentability challenges of the America Invents Act (AIA) is the notion that these administrative trial proceedings are somehow analogous to district court litigation — nothing could be further from...

Discovery in IPR Proceedings, Much Ado About Nothing

Expectations of Significant PTAB Discovery Practices Prove Misguided When discussing Patent Trial & Appeal Board (PTAB) proceedings at CLE events, I am always fascinated by the degree of interest in PTAB discovery procedures. Parties to an Inter Parties Review (IPR) proceeding may obtain what...

District Court v. USPTO v. ITC: Strategic Considerations in Choosing a Patent Litigation Venue

“Location, location, location.” That familiar mantra is usually associated with real estate agents, but those in the legal profession could just as easily claim it. Choice of venue, when that’s possible, can influence the outcome of a case. Take patent litigation, for example. In...