Category: Federal Circuit
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Pendulum swings back in favor of Fintiv in payment-system patent infringement dispute with Apple
The United States Court of Appeals for the Federal Circuit has reversed a Western District of Texas grant of summary judgment in a dispute between Fintiv and Apple, reviving Fintiv’s infringement claims and remanding them for trial.
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Federal Circuit hands victories to Apple, PayPal in parallel payment-system patent infringement disputes with Fintiv
The United States Court of Appeals for the Federal Circuit has thrown out an appeal against a Patent Trial and Appeal Board invalidation decision brought by Fintiv against Apple, after the same patent was already invalidated in a parallel case against PayPal.
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Ericsson wins Brazilian SEP appeal against Lenovo: preliminary injunction upheld
In the global dispute with Lenovo over (mostly) 5G standard-essential patent licensing,. Ericsson has scored a key win as a Brazilian appeals court upheld a preliminary injunction.
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Lenovo wants Federal Circuit to make antisuit ruling that would expose U.S. to WTO complaint over interference with foreign IP
At today’s Federal Circuit hearing, Lenovo advocated a highly permissive standard for U.S. antisuit injunctions concerning foreign SEP enforcement.
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Patent license negotiators get valuable guidance from Federal Circuit in $20M Google thermostat decision on how to prepare for future trials
In EcoFactor v. Google, the Federal Circuit upheld all three decisions challenged by Google (concerning validity, infringement and, which is discussed in most detail, damages).
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Federal Circuit revives patent case against Nokia, Cisco, Adva: assignment clause under employment contract deemed ambiguous
The majority of a Federal Circuit panel took a rather inventor-friendly position on an assignment clause in an employment agreement.
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Federal Circuit denies fee-shifting with respect to PTAB IPR despite infringement case being exceptionally weak
Two Federal Circuit judges decided (but a district judge sitting by designation disagreed) that challenging a patent-in-suit in the PTAB, even if the IPR petition is brought after an infringement complaint, cannot give rise to fee-shifting.
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Federal Circuit upholds ITC holding on domestic industry in cases where products don’t each practice all patents-in-suit
The Federal Circuit today affirmed a USTIC decision according to which economic data must be available for separate groups of products if not all of them practice all patents-in-suit.
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Federal Circuit effectively discourages patentees from availing themselves of pseudo-judicial Amazon procedure named APEX
Amazon’s Patent Evaluation Express (APEX) may fall out of favor with patent holders as a means of exerting pressure on an alleged infringer, as the Federal Circuit allows bring declaratory-judgment actions in the latter’s home state.
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Federal Circuit Judge Dyk on claim construction: apple on tree is not “secured” to ground through stem, trunk, roots
The assertion of a camera-related patent against a video conferencing company has raised an interesting claim construction question relating to the word “secured” (or “attached”).