Patent Actions On The Rise, Median Damages Awarded Hits 16-Year Low, According To Patent Litigation Study

NEW YORK - Reflecting upon developments currently underway in patent reform legislation, PwC US on Oct. 18 released a new report "2011 Patent Litigation Study: Patent litigation trends as the 'America Invents Act' becomes law" summarizing trends in the patent infringement litigation...

Patentability Of Medical Treatment Claims Debated Before Supreme Court

WASHINGTON, D.C. -- One year after vacating and remanding a Federal Circuit U.S. Court of Appeals determination that medical treatment protocol steps are patentable, the U.S. Supreme Court heard oral argument on Dec. 7 in the same case ( Mayo Collaborative Services and Mayo Clinic Rochester v. Prometheus...

High Court Hears Oral Arguments In Dispute Over Evidence In Patent Appeals

WASHINGTON, D.C. - (Mealey's) Federal district courts deciding an adverse patentability ruling by the U.S. Patent and Trademark Office (PTO) should apply a deferential standard of review, an attorney for the U.S. government told the U.S. Supreme Court Jan 9 ( David J. Kappos v. Gilbert P. Hyatt ...

Troutman Sanders LLP: Is Multidistrict Patent Litigation 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). This...

Williams Mullen Alert: Will Federal Circuit's Model Order In Patent Cases Solve The E-Discovery 'Problem'?

By Monica McCarroll and John B. Swingle Chief Judge Rader of the Federal Circuit caused quite a stir among both the patent and eDiscovery bars when he unveiled a new Model Order intended to curb perceived abuses of eDiscovery in patent cases. Chief Judge Rader unveiled the Model Order during his September...

High Court Sides With Petitioner In Patent Dispute Over Treatment Protocols

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 20 held that processes claimed by a patent that recites laws of nature are not patentable absent additional features providing "practical assurance" that the processes are genuine applications of those laws, rather than a drafting...

Strange Bedfellows - Patent Owner's Lengthy Relationship With Accused Infringer Puts Claim To Sleep After 10 Years Of Litigation, Jury Trial

By Matthew D. Murphey Plaintiffs that included a former employee of an accused infringer who left the company to open his own competitive business, lost a bid for damages against cement manufacturer because of unreasonable delay in bringing the infringement suit. After ten years of litigation, which...

Jury Finds For Google On Oracle Patent Claims In California Federal Court

SAN FRANCSICO - (Mealey's) After seven days of deliberation, a California federal jury on May 23 acquitted Google Inc. of patent infringement claims levied by Oracle America Inc. ( Oracle America Inc. v. Google Inc. , No. 10-3561, N.D. Calif.). ( Verdict. Document #16-120604-007V .) A Google...

New Patent Reform 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 to come. These changes include the change over to the first inventor to...

California Federal Jury Awards Apple $1.05 Billion In Patent Dispute With Samsung

SAN FRANCISCO - (Mealey's) After three days of deliberations, a California federal jury on Aug. 24 awarded Apple Inc. $1,049,343,540 in its high-stakes lawsuit with Samsung Electronics Co. Ltd., deeming the software giant's patents both valid and infringed ( Apple Inc. v. Samsung Electronics...

U.S. Supreme Court To Decide Jurisdiction In Patent Malpractice Cases

WASHINGTON, D.C. - (Mealey's) The question of the best forum - state or federal court - for legal malpractice claims stemming from underlying patent litigation will be addressed by the U.S. Supreme Court, which granted certiorari on Oct. 5 ( Jerry W. Gunn v. Vernon F. Minton , No. 11-1118, U.S. Sup...

U.S. Supreme Court Grants Farmer's Petition In Seed Patent Dispute

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court agreed Oct. 5 to weigh in on a dispute of "core practical importance to agriculture and of vital interest in patent law," according to a petition for certiorari ( Vernon Hugh Bowman v. Monsanto Co. , No. 11-796, U.S. Sup.). ( Petition...

High Court Will Consider Whether Reverse-Payment Settlements Are Anti-Competitive

WASHINGTON, D.C. — (Mealey's) The Supreme Court on Dec. 7 granted the Federal Trade Commission’s petition for a writ of certiorari seeking consideration of whether reverse-payment settlements of patent litigation between the holder of a drug patent and generic manufacturers of the drug...

K&L Gates Team Wins Major Jury Verdict For Carnegie Mellon University In Patent Infringement Case

PITTSBURGH - A team of lawyers from global law firm K&L Gates LLP led Carnegie Mellon University (CMU) to victory over Marvell Technology Group Ltd. and Marvell Semiconductor, Inc. in front of a Pittsburgh jury Dec. 26, winning a $1.1 billion verdict, K&L Gates announced in a press release. ...

Crowell & Moring Releases Report, 'Litigation Forecast 2013'

WASHINGTON, D.C. - Crowell & Moring LLP has announced the publication of "Litigation Forecast 2013: What Corporate Counsel Need to Know in the Coming Year." The report explores critical litigation issues, provides concise, forward-looking perspectives on trends affecting a wide range of...

Supreme Court Hears Patent Exhaustion, Soybean Seed Case

WASHINGTON, D.C. - (Mealey's) If allowed to stand, a 2011 Federal Circuit U.S. Court of Appeals ruling will threaten farmers by prioritizing "patent rights over personal property rights," something "that's never been done in 150 years,"an attorney for one such farmer told...

In Reversal, Supreme Court Says State Courts Can Hear Patent Malpractice Claims

WASHINGTON, D.C. - (Mealey's) The Supreme Court of Texas erred in finding that an inventor and patent owner's claim of legal malpractice against his former counsel was subject to exclusive federal jurisdiction, the U.S. Supreme Court held Feb. 20 ( Jerry W. Gunn, et al. v. Vernon F. Minton ,...

Federal Judge Upholds $368 Million Patent Infringement Verdict Against Apple, Inc.

On Tuesday, Feb. 26, 2013, Texas Federal District Judge Leonard Davis denied Apple, Inc.'s motion for post-trial relief from a substantial verdict that had been awarded to plaintiff VirnetX in November of 2012 ( VirnetX, Inc. v. Cisco Systems, Inc., et al. , No. 6:12-cv-00855-LED; 6:10-cv-00417-LED...

Nintendo Must Pay More Than $30 Million For 3DS Video Game's Infringement Of Patent

Tomita Technologies International, Inc. owns U.S. Patent No. 7,417,664 issued in 2008 relating to stereoscopic 3-D images on-screen for viewing with the naked eye. Tomita International granted an exclusive license to the patent to Tomita Technologies USA, LLC. In 2011, Nintendo Co., Ltd. and its subsidiary...

Supreme Court Hears Oral Arguments In Gene Patent Dispute

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on April 15 appeared skeptical of claims that native DNA is patentable during oral arguments in a case closely watched by the medical community and biotech industry ( The Association for Molecular Pathology, et al. v. Myriad Genetics Inc. , No...

Supreme Court Affirms Patent Exhaustion Not Applicable In Seed Dispute

WASHINGTON, D.C. - (Mealey's) A soybean farmer accused of infringing a patented pesticide-resistant seed was defeated May 13 in his efforts to avoid liability via the patent exhaustion doctrine, when the U.S. Supreme Court deemed the doctrine inapplicable to the dispute ( Vernon Hugh Bowman v. Monsanto...

Supreme Court Grants Certiorari In Dispute Over Cardiac Device Patents

WASHINGTON, D.C. - (Mealey's) The question of whether a patent licensee bears the burden of proving that its products do not infringe in a declaratory judgment action filed pursuant to MedImmune Inc. v. Genentech Inc. (549 U.S. 118, 137 [2007]) will be decided by the U.S. Supreme Court, which on...

Supreme Court Partly Reverses, Says Isolated DNA Not Patentable

WASHINGTON, D.C. - (Mealey's) In a unanimous ruling June 13, the U.S. Supreme Court found that although complementary DNA, or "cDNA," is patent-eligible, isolated DNA is not ( The Association for Molecular Pathology, et al. v. Myriad Genetics Inc. , No. 12-398, U.S. Sup.). (lexis.com subscribers...

Norton Rose Fulbright Releases 10th Annual Litigation Trends Survey

U.S. companies increasingly concerned about regulatory investigations The number of US companies facing regulatory proceedings increased for the third consecutive year, according to Norton Rose Fulbright's 10th Annual Litigation Trends Survey . The upward trend is the result of a stricter...

United States Supreme Court Remands Patent Case For Review As To Whether Terms In The Patent Are Sufficiently Define Under The Patent Act

The United States Supreme Court, on June 2, 2014, handed down the opinion in the case of Nautilus Inc. v. Biosig Instruments, Inc, 13-369 . Biosig Instruments, Inc. (Biosig) held a patent for a heart rate monitor and filed a patent infringement action against Nautilus, Inc. (Nautilus) that claimed that...