Category: Federal Circuit
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Federal Circuit’s incredible multiverse: dead patent claim gets fictionally resurrected to justify part of $40M+ damages award
This is the oddest Federal Circuit ruling in a long time. Most of it is anything but odd, but allowing a patentee to capture the value of invalidated claim elements is remarkable.
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DĂ©tente in Munich lawsuits over U.S. patents: unconventional tactics against BMW likely spurred settlement talks with Qualcomm
A settlement between Qualcomm and Onesta is a mere formality. A new filing by Onesta in Munich shows that this litigation is most likely coming to an end very soon.
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Judge Albright (order), BMW (contempt motion) up pressure on Onesta to withdraw Munich lawsuits over U.S. patents after Federal Circuit order
The question of ex-U.S. lawsuits over U.S. patents was interesting enough. But the immediacy of oral orders of specific performance is arguably even more important.
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Both BMW and Onesta made inconsistent representations in U.S. antisuit dispute this week; Federal Circuit makes first decision
The Federal Circuit will decide on a motion to stay enforcement after Judge Albright has issued his written injunction ruling.
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Federal Circuit holds there is no uniform deadline for appeal of ITC ruling if some defendants were found to violate, others weren’t
Crocs thought it had more time because of the Presidential review period. The Federal Circuit disagreed.
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Federal Circuit gives guidance on “connected to” not necessarily requiring separate structures; generic irreparable harm; DOE; admissible willfulness evidence
A precedential Federal Circuit decision in a child car seat case provided several clarifications, some of which address issues likely to resurface in other U.S. patent cases.
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Teva removes more than 200 patents from U.S. FDA’s Orange Book: win for FTC
Following President Trump’s promise to lower the cost of drugs and a United States Federal Trade Commission investigation into a patent portfolio owned by Teva, the Israeli pharma company has asked the Food and Drug Administration to remove more than 200 improper patent listings related to asthma, diabetes, and COPD drugs, and epinephrine autoinjectors, from…
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Some direct patent infringement “acceptable price” for expediting competition: U.S. Solicitor General urges Supreme Court to review skinny labeling and generic drug access
United States Solicitor General D. John Sauer has filed a petition urging the Supreme Court to intervene in a long-running drug patent infringement case in which he alleges the Federal Circuit failed to apply the “skinny labelling” (section viii) pathway, which allows the entry of generics that carve out patented uses but otherwise duplicate the…
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Federal Circuit tosses Pfizer’s $42M+8% verdict against Daiichi, AstraZeneca: claiming 81 combinations out of gazillions described defeats disclosure, enablement
In a precedential opinion, the central U.S. appeals court for patent rulings overturns a Texas jury verdict given the discrepancy between a broad description and a specific claim term.
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Shortly after being ordered personally to reimburse Netflix, patent litigator loses Federal Circuit appeal over order to reimburse Google: precedential opinion
The Northern District of California is not only a difficult venue for non-practicing entities to prevail but also doesn’t hesitate to shift fees from Big Tech to lawyers.