Searching Content indexed under Litigation, Mediation & Arbitration by Daniel Weinger ordered by Published Date Descending.
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Performing A Service Without Selling The Process Still Triggers The On-Sale Bar
Services play a large role in today's economy, and it is important to be mindful of how certain pitfalls that apply to product-based intellectual property rights also apply to method
United States
7 Jun 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
PTAB Finds That Allowing IPR Petitioner To Avoid A Statutory Bar By Retroactively Adding Missing Real Party In Interest Is "In The Interest Of Justice"
Recently, in ZTE (USA) Inc. v. Fundamental Innovation Int'l LLC, IPR2018-00425, Paper No. 34 (Feb. 6, 2019) ...
United States
14 Feb 2019
Federal Circuit Denies RPX's Request For En Banc Review In Applications In Internet Time V. RPX
Continuing our coverage of the Federal Circuit's Applications in Internet Time, LLC v. RPX Corp. ("Internet Time") decision, on Tuesday, October 23, 2018, the Federal Circuit denied RPX's request...
United States
31 Oct 2018
PTAB Adopts The Phillips Claim Construction Standard In AIA Proceedings
Today the Patent Trial and Appeal Board announced a final rule changing the claim construction standard for interpreting claims in IPR, post-grant review ("PGR"), and covered business method patent ("CBM") proceedings.
United States
12 Oct 2018
PTAB Finds Recycled Art And Advanced State Of Parallel District Proceeding Warrant Denial Of IPR Trial
NHK, in turn, filed a petition for IPR of the '841 Patent in March of 2018.
United States
20 Sep 2018
RPX Requests En Banc Review In Applications In Internet Time V. RPX
Internet Time involved three IPR petitions filed by RPX against patents owned by Applications in Internet Time, LLC
United States
14 Sep 2018
PTAB Denies Institution Of IPR After Successive Petitions By Unrelated Co-Defendants
Last week, the Patent Trial and Appeal Board (the "Board") denied a second challenge to a patent where the petitioners were co-respondents in an ITC investigation.
United States
13 Sep 2018
Federal Circuit Holds That The Petitioner Bears The Burden To Show All Real Parties In Interest Are Properly Named In A Petition For IPR
Late last week, in Worlds, Inc. v. Bungie, Inc., the Federal Circuit held that the Patent Trial and Appeals Board ("Board") ...
United States
12 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
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
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
Making The Sausage: Lower Courts Grapple With The Supreme Court's TC Heartland Venue Decision
The United States Supreme Court decided earlier this year that a 1957 opinion is still valid and still limits venue choices for patent infringement actions under 28 U.S.C. § 1400.
United States
2 Oct 2017
Federal Circuit Clarifies Venue Requirement Post-TC Heartland By Granting Mandamus Relief In In re Cray
More frequently patent owners are looking to the second prong to determine the locus of an appropriate venue now that the first prong of the statute has been interpreted narrowly.
United States
28 Sep 2017
ITC Declines To File Petition For Certiorari – CAFC Holding That ITC Does Not Have Jurisdiction Over Digital Imports Stands
The deadline has come and gone for the ITC and patentee Align to file petitions for certiorari seeking review by the Supreme Court of the Federal Circuit's decision in ClearCorrect.
United States
6 Sep 2016
Federal Circuit Decides Not To Rehear ClearCorrect Operating, LLC v. ITC, Finding The ITC Does Not Have Jurisdiction Over Digital Imports
Align Technology instituted an ITC investigation in April 2012 claiming that Respondents ClearCorrect Pakistan and ClearCorrect Operating LLC infringed patents relating to technology for repositioning teeth.
United States
12 Apr 2016
ClearCorrect: ITC And Patentee Align Submit Petitions For Rehearing En Banc, Asking Federal Circuit To Reconsider Whether The ITC Has Jurisdiction Over Digital Imports
On January 27, 2016, the International Trade Commission formally requested a rehearing en banc of a November 10, 2015, Federal Circuit panel decision in ClearCorrect Operating, LLC v. ITC.
United States
1 Feb 2016
Apple (Finally) Enjoins The Sale Of (Obsolete) Samsung Phones
In the latest development in the patent skirmishes between Apple and Samsung, on Monday, January 18, 2016, U.S. District Court Judge Lucy Koh of the Northern District of California entered a permanent injunction...
United States
24 Jan 2016
Federal Circuit Rules That ITC Does Not Have Jurisdiction Over Digital Imports
On November 10, 2015, the Federal Circuit issued its opinion in ClearCorrect Operating, LLC v. ITC, and struck a blow to both the ITC and the entertainment and software industries.
United States
12 Nov 2015
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