Category: Federal Circuit
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Boston Scientific raises University of Texas’s alleged inflammatory comments, A-Rod comparisons in appeal of $42M District of Delaware jury verdict
Counsel compared an expert witness to the disgraced baseball player, while also suggesting that the standard for finding invalidity should be similar to deciding whether to commit someone to a psychiatric institution.
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Moderna appeals to save $1.3 billion patent dispute payout, asserts U.S. government-contractor immunity
Moderna has alleged that a district court’s conclusions in a case against Arbutus are “deeply flawed” and that the U.S. Congress created Section 1498 specifically to shield government contractors from liability for government-authorized patent use in fulfilling a government procurement contract.
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Federal Circuit affirms district judge’s overruling of $469M jury verdict against DISH Network
ClearPlay sued DISH Network over its TV ad-skipping feature back in 2014, alleging infringement of two patents.
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Federal Circuit says owners of patents subject to exclusive license still have standing to sue where terms don’t render rights “illusory”
A.L.M. and Ergon granted wide-ranging rights to an exclusive licensee – but retained the right to sue third-party infringers.
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Federal Circuit reverses fee award and sanctions based on broad scope of what is purely lack of merit
The Federal Circuit affirmed dismissal of mCom’s banking patent suits and upheld invalidity findings against the remaining asserted claims, but reversed both the fee award and the sanctions imposed against counsel, reiterating that unsuccessful patent litigation alone does not establish exceptional or abusive conduct.
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Actelion falls foul of disclosure-dedication rule, prosecution estoppel in Federal Circuit challenge to Mylan’s hypertension generic
The Federal Circuit agreed that there was neither literal infringement, nor infringement under the doctrine of equivalents.
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Federal Circuit supports USITC fact-finding in import dispute over redesigned wet-dry vacuum cleaners
Tineco’s design-arounds have worked, but the Hong Kong company was unable to challenge the ITC’s domestic industry determination as to patentee Bissell.
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“About this much”, is how much? Federal Circuit affirms poultry-processing patent invalidity over “vague, indefinite” pH claims
The decision underlines the need for appropriate precision and detail in patent claims that are quantitative in nature.
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FedEx can fight another day in Qualcomm dispute, as Federal Circuit considers IPR real-parties-in-interest
The USPTO withdrew its initial defense of the PTAB’s refusal of FedEx’s arguments around real parties in interest.
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LG TV case: Federal Circuit OKs mix of standard-related and standard-unrelated infringement theories for same patent claims
“Mixed” patent claims will be at issue sooner or later outside of the U.S., too.