Litigation

Recent Posts

LexisNexis Product Update: European Patent Law & Practice
Posted on 12 Sep 2011 by LexisNexis Litigation Resource Community Staff

European Patent Law & Practice provides guidance to in-house and outside counsel prosecuting and litigating patents in Europe. The product includes information on applications, expert examinations, licenses and all relevant patent laws affecting the... Read More

On Remand, Federal Circuit Reverses Patent Ineligibility Findings
Posted on 17 Aug 2012 by Melissa Ritti

WASHINGTON, D.C. - (Mealey's) In a divided ruling, the Federal Circuit U.S. Court of Appeals on Aug. 16 reversed a New York federal judge's determination that composition claims related to isolated DNA molecules are patent-ineligible products... Read More

Troutman Sanders LLP: Jury Awards ActiveVideo $115 Million From Verizon In Patent Litigation
Posted on 3 Aug 2011 by Troutman Sanders

By Joshua Heslinga Late yesterday, a jury awarded ActiveVideo $115 million from Verizon, concluding the trial phase of the heated patent litigation. The Virginian Pilot reports on the verdict, and here is the verdict form . Our prior blog entries... Read More

Supreme Court Rules Against Microsoft In Patent Case
Posted on 9 Jun 2011 by Melissa Ritti

WASHINGTON, D.C. - (Mealey's) Endorsing a "clear and convincing" standard for proving patent invalidity, the U.S. Supreme Court on June 9 sided with a patent holding firm in its longstanding dispute with defendant Microsoft Corp. ( Microsoft... Read More

Certiorari Granted For A Second Time In Cancer Gene Patent Dispute
Posted on 3 Dec 2012 by Melissa Ritti

WASHINGTON, D.C. - (Mealey's) Less than a year after it returned to the Federal Circuit U.S. Court of Appeals a patent lawsuit over diagnostic test kits for determining hereditary risk of breast and ovarian cancer, the U.S. Supreme Court on Nov. 30... Read More

Oral Arguments Held In Dispute Over Patent Ownership
Posted on 28 Feb 2011 by Melissa Ritti

WASHINGTON, D.C. - (Mealey's) The scope of statutory rights bestowed upon federal contractor universities and their researchers was debated Feb. 28 at the U.S. Supreme Court in a dispute over patented HIV detection methods ( Board of Trustees of the... Read More

Federal Circuit: Particularity Requirement Of Rule 9(b) Applies To False Marking Cases
Posted on 24 Mar 2011 by Brinks Hofer Gilson & Lione

On March 15, 2011, the United States Court of Appeals for the Federal Circuit, on petition for writ of mandamus, issued its decision in In re BP Lubricants USA Inc. , No. M960 (Fed. Cir. Mar. 15, 2011) [ enhanced version available to lexis.com subscribers... Read More

Role Of New Evidence In Patent Appeals To Be Decided By Supreme Court
Posted on 27 Jun 2011 by Melissa Ritti

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 27 agreed to take up a dispute over the proper procedures for courts to use in proceedings initiated under 35 U.S. Code Section 145, which allows applicants to file a civil action in a federal... Read More

Supreme Court Takes Up Patent Inventorship Dispute
Posted on 1 Nov 2010 by Melissa Ritti

WASHINGTON, D.C. - (Mealey's) Four months after inviting the views of the U.S. solicitor general, the U.S. Supreme Court on Nov. 1 agreed to hear a case that could better define the rights of federal contractor universities in patent disputes arising... Read More

Rock Band Name “The Slants” Protected
Posted on 22 Jun 2017 by Gabriela Nolen

The United States Patent and Trademark Office (PTO) denied a rock band’s application for a federal trademark of the band’s name, “The Slants” under a provision of the Lanham Act prohibiting the registration of trademarks that may... Read More

Controversy Requirement Debated Before Supreme Court In Trademark Case
Posted on 8 Nov 2012 by Melissa Ritti

WASHINGTON, D.C. - (Mealey's) The Second Circuit U.S. Court of Appeals properly found standing lacking in a trademark infringement case by virtue of a covenant not to sue, an attorney for Nike Inc. told the U.S. Supreme Court Nov. 7 ( Already LLC... Read More

UCLA Law Review Excerpt: Defendant Class Actions And Patent Infringement Litigation
Posted on 25 May 2011 by LexisNexis Litigation Resource Community Staff

By Matthew K. K. Sumida* *Information Resource Editor, UCLA Law Review, Volume 58. J.D. Candidate, UCLA School of Law, 2011; B.S., University of Southern California, 2004 Excerpt from Defendant Class Actions and Patent Infringement Litigation , 58... Read More

Norton Rose Fulbright: Supreme Court Addresses Indefiniteness In Nautilus
Posted on 7 Jul 2014 by Norton Rose Fulbright

Claim must ‘inform with reasonable certainty’ By Tamsen Barrett On Monday, June 2, 2014, the Supreme Court articulated its standard for indefiniteness under 35 USC §112, second paragraph and held that 35 USC §112, second paragraph... Read More

Supreme Court Grants Certiorari In Patent Dispute Over Hatch-Waxman Provision
Posted on 27 Jun 2011 by Melissa Ritti

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court will review the Federal Circuit U.S. Court of Appeals' ruling, in a case of first impression, that the counterclaim provision of the Hatch-Waxman Act is available "only if the listed patent... Read More

Supreme Court Unanimously Reverses Hatch-Waxman Counterclaim Ruling
Posted on 17 Apr 2012 by Melissa Ritti

WASHINGTON, D.C. - (Mealey's) Generic drug manufacturers may employ the Hatch-Waxman Act's counterclaim provision - known as a Section viii - to force correction of an inaccurate label when the brand-name drug's description overstates a particular... Read More