Intellectual Property

Recent Posts

S.D.N.Y. Invalidates Patent Claims for Crowd-Funding as Too Abstract
Posted on 13 Jul 2015 by Kenyon & Kenyon LLP

by Lewis V. Popovski , Abhishek Bapna , and Vivian Cheng District Judge Katherine Polk Failla granted declaratory judgment plaintiff Kickstarter, Inc.’s motion for summary judgment that U.S. Patent No. 7,885,887 (“the ’887 patent”... Read More

Federal Circuit Finds Patent Marking is Circumstantial Evidence of Infringement
Posted on 12 Apr 2013 by Foley & Lardner LLP

In Frolow v. Wilson Sporting Goods Co. [ an enhanced version of this opinion is available to subscribers ], the Federal Circuit refused to adopt the doctrine of marking estoppel, but held that evidence that Wilson had marked some accused... Read More

Citing Pastry Precedents, Court Rules Agilight Does Not Infringe GE LED Patents
Posted on 12 Apr 2013 by Eric L. Lane

A previous post reported on GE's patent infringement suit against AgiLight asserting several patents relating to LED string light engine structures and assembly methods. In a recent decision the U.S. District Court for the Northern District... Read More

U.S. Supreme Court Agrees to Hear Challenge to Willful Infringement Standard
Posted on 23 Oct 2015 by Fitch, Even, Tabin & Flannery

Today the U.S Supreme Court granted a writ of certiorari in two patent cases, agreeing to consider challenges to the current standard for finding willful infringement, which allows the judge to increase a patent damage award by up to three times. The... Read More

Exclusive licensee entitled to patent infringement standing despite third parties’ limited right to license patent in the licensee’s exclusive field of use – Wiav v. Motorola (Fed. Cir., Dec. 22, 2010)
Posted on 3 Jan 2011 by LexisNexis Patent Community Staff

The Federal Circuit recently determined that an exclusive licensee had standing to assert rights in several patents despite the fact that several third parties had a limited right to license the patents in the alleged exclusive field of use. In... Read More

Federal Circuit Upholds Expert Apportionment Methodology to Prove Reasonable Royalty Damages for Individual Features of Complex Technology
Posted on 25 Sep 2015 by Fitch, Even, Tabin & Flannery

by Steven C. Schroer and Christian C. Damon On September 21, 2015, in Summit 6, LLC v. Samsung Electronics Company, Ltd. , the Court of Appeals for the Federal Circuit added a new chapter to rapidly developing jurisprudence addressing the kinds of... Read More

The Impact of the Federal Circuit's Recent Micron Decision on Forum Shopping In Patent Cases
Posted on 7 Mar 2008 by Aaron Stiefel

The Federal Circuit’s February 29, 2008 decision in Micron Technology, Inc. v. MOSAID Technologies, Inc., 2008 U.S. App. LEXIS 4387 (Fed. Cir. 2008), casts some doubt on the popular practice of forum shopping by patentees. As has been widely noted... Read More

Patents Post-Grant: Paul Allen's Infringement Campaign Halted by Patent Reexamination
Posted on 23 Jun 2011 by Scott A. McKeown

Interval Licensing Litigation Stayed Pending Patent Reexamination Former Microsoft founder Paul Allen has made headlines recently by asserting the patents of his company, Interval Licensing against the 11 industry stalwarts (Apple, Google, Facebook... Read More

Supreme Court Reverses Federal Circuit in Patent Licensee Case
Posted on 22 Jan 2014 by Melissa Ritti

WASHINGTON, D.C. — (Mealey’s) A Federal Circuit U.S. Court of Appeals holding that a patent licensee bears the burden of proving noninfringement under the Declaratory Judgment Act was reversed by a unanimous Supreme Court today ( Medtronic... Read More

Inequitable Conduct and its Influence on Attorney’s Fees and Expert Fees: Nilssen v. Osram Sylvania, Inc., 528 F.3d 1352 (Fed. Cir. June 17, 2008)
Posted on 25 Jul 2008 by Cecil Lynn

In Nilssen v. Osram Sylvania, Inc ., 528 F.3d 1352 (Fed. Cir. June 17, 2008), the Court of Appeals for the Federal Circuit affirmed the lower court’s orders denying plaintiff’s motion for expert witness fees and granting defendant’s... Read More

Fitch Even IP Alert: Supreme Court Places Burden of Proof on Patentee in Declaratory Judgment Actions
Posted on 7 Feb 2014 by Fitch, Even, Tabin & Flannery

by Brett J. Smith A patentee who brings a patent infringement lawsuit bears the burden of proving infringement by a preponderance of the evidence. Many patent infringement cases arise in the context of a declaratory judgment action, where an accused... Read More

Supreme Court To Decide Federal Jurisdiction In Patent Malpractice Cases
Posted on 8 Oct 2012 by Melissa Ritti

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... Read More

18-Year Old Patent Litigation Case Involving Mars, Inc. Anything But a Coin Toss
Posted on 9 Jun 2008 by Cecil Lynn

It was in January 1990 when Mars, Inc. (“Mars”), the maker of popular M&M candy and a host of other products, including pet food (Pedigree) and other food products (Uncle Ben’s), brought a lawsuit against Coin Acceptors, Inc. (“Coinco”... Read More

Induced Infringement Does Not Require a Direct Infringer
Posted on 14 Nov 2012 by LexisNexis Patent Community Staff

By Eric R. Chad * In a per curiam opinion, Akamai Techs., Inc. v. Limelight Networks, Inc. , 692 F.3d 1301 (Fed. Cir. 2012) [ enhanced version available to subscribers ], a narrow majority of the Court of Appeals for the Federal Circuit,... Read More

California Federal Jury Awards $290 Million in Apple, Samsung Retrial
Posted on 22 Nov 2013 by Doug Esten

SAN FRANCISCO — (Mealey’s) In its third day of deliberations, a California federal jury on Nov. 21 awarded Apple Inc. damages of $290,456,793 for Samsung Electronics Co. Ltd.’s infringement of several smart phone patents ( Apple Inc... Read More