Searching Content indexed under Litigation, Mediation & Arbitration by Andrew DeVoogd ordered by Published Date Descending.
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Claim Construction Of "Customary And Ordinary" Meaning Does Not Justify Amendment Of Noninfringement And Invalidity Contentions
Recently, in a patent infringement action pending in the Eastern District of Michigan, Webasto Thermo & Comfort N. Am., Inc. v. BesTop, Inc., No. 2:16-cv-13456.
United States
12 Jun 2019
Where Both Parties Behave Badly In Litigation, Attorneys' Fees Are Unlikely To Be Awarded
On April 25, 2019, in Int'l Designs Corp., LLC, et. al. v. Hair Art Int'l, Inc., Judge George H. Wu in the Central District of California denied Hair Art's motion for attorneys' fees under 35 U.S.C. § 285.
United States
23 May 2019
Expert's Lump-Sum Damage Calculation Is Not Inadmissible Because It Accounts For Future Sales Of Potentially Non-Accused Products
A recent order from the District of Delaware in Evolved Wireless, LLC v. Apple Inc., No. 15-00542 ("Evolved Wireless") provides interesting guidance regarding the use of future sales in calculating
United States
10 Apr 2019
Continental Circuits LLC v. Intel Corp., Et Al: Federal Circuit Reemphasizes Prohibition On Importing A Preferred Embodiment Into Patent Claims
The Court of Appeals for the Federal Circuit (CAFC) recently issued a precedential opinion finding that a lower court had improperly incorporated an embodiment from the specification
United States
28 Feb 2019
Patent Infringement Claim Involving Complicated Technology May Require Additional Detail In Complaint
A recent opinion from the Northern District of Texas is a reminder to all patent practitioners to heed pleading standards when drafting a complaint for patent infringement.
United States
19 Oct 2018
Franchised Automobile Dealerships Count As Regular And Established Places Of Business For Purposes Of Proper Patent Infringement Venue
In our continuing post-TC Heartland coverage, Judge Rodney Gilstrap of the Eastern District of Texas recently issued an interesting decision regarding the venue analysis for car companies selling ...
United States
21 Sep 2018
A Sales Agent's Home Office May Qualify As A Regular And Established Place Of Business
In our continued post-TC Heartland coverage, the Southern District of New York recently held that an employee's home office in New York constituted a "regular and established place of business"
United States
28 Aug 2018
Google's Servers Housed By A Third-Party ISP Qualify As A Regular And Established Place Of Business To Establish Proper Venue In The Eastern District Of Texas
In our continued post-TC Heartland coverage, Judge Gilstrap in the Eastern District of Texas recently held that venue was proper because Google exercises exclusive control over physical servers implicated by...
United States
22 Aug 2018
Improper Venue For Web-Based Company In Light Of In Re Cray
In our continuing post-TC Heartland coverage, the District of Nevada recently identified a key factor in analyzing venue challenges in patent litigation
United States
8 Aug 2018
Discovery Concerning Potential Litigation Funding Is Not Relevant Or Proportional
A recent order from the Northern District of California provides some succinct guidance on the relevancy of discovery concerning litigation funding.
United States
19 Jun 2018
Can Retrieving Materials From A Storage Unit Qualify As Engaging In Business Activity For Purposes Of Establishing Proper Patent Venue?
The court considered whether the storage units in question are locations where business is done.
United States
13 Jun 2018
Evidence Of Bad Faith Patent Prosecution Can Support An Award Of Attorney Fees
A recent opinion from the District of New Jersey is a cautionary tale for patent practitioners regarding conduct during patent prosecution that can be framed as bad faith.
United States
6 Jun 2018
Insincere Licensing Discussions Can Support A Willful Infringement Claim
A recent order from the Northern District of California provides patent practitioners interesting guidance regarding conduct during licensing discussions ...
United States
5 Jun 2018
United States
1 Jun 2018
Federal Circuit Clarifies That Patent Venue Is Proper Only In A Single Judicial District Within A Multi-District State
In our continuing coverage of the post-TC Heartland landscape, the Federal Circuit recently clarified that venue is proper in only one district per state in In re BigCommerce, Inc...
United States
24 May 2018
Willfulness Finding In EDTX Ruling In TCL V. Ericsson Illustrates The Risk To Accused Infringers Of Failing To Investigate Allegations
In a May 10, 2018 ruling, discussed earlier on this blog, Magistrate Judge Payne affirmed the jury's willfulness finding largely on the ground that TCL did not proffer any evidence that it held a subjective ...
United States
21 May 2018
Post-Grant Review Chickens Come Home To Roost: The Federal Circuit Clarifies The Effect Of Reexamination On Equitable Estoppel And Laches
The Federal Circuit recently overturned a decision estopping the plaintiff from pursuing its infringement claims in the United States District Court for the Eastern District of Arkansas ...
United States
11 May 2018
Patent Damages: How Many Essential Features In A Smart Phone?
On March 20, 2018, the public version of Eastern District of Texas Magistrate Judge Roy Payne's March 7, 2018 order tossing a $75 million jury verdict obtained by Ericsson against TCL Communication was released.
United States
5 Apr 2018
Doctrine Of "Ancillary Venue" Does Not Trump TC Heartland
Further to our ongoing coverage of post-TC Heartland patent litigation, in a recent development from the Northern District of Illinois, the court granted counterclaim defendants' motion to dismiss for improper venue.
United States
29 Mar 2018
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