Category: Federal Circuit
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Federal Circuit revives Teva’s $177M (potentially $530M) damages verdict against Eli Lilly over Emgality headache drug
A $177M jury verdict, potentially tripled for willfulness, has been reinstated, and the standards for written description and enablement for genus-related patents have been clarified.
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Federal Circuit throws VLSI a lifeline in multibillion-dollar Intel dispute, but it’ll all hinge on what happens in the Western District of Texas
VLSI now has several chances to revive its infringement claims against Intel, which will likely seek to delay further progress as it awaits a decision on its license defense.
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Federal Circuit revisits standing under U.S. Constitution’s Article III in post-grant appeals
The Federal Circuit dismissed ironSource’s appeal of a PTAB post-grant review, ruling it lacked standing. The court said potential infringement exposure under substitute claims falls short of a concrete “injury in fact”.
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PTAB abused discretion by staying reexamination that favored patentee, Proxense tells Federal Circuit
Licensing firm Proxense has appealed a PTAB decision to stay a reexamination that was on the verge of finding patentability and instead found such findings to be moot, allegedly breaching the APA.
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BREAKING: Federal Circuit affirms Masimo’s initial ITC win over Apple — but Masimo not too likely to benefit based on what happened yesterday
For Masimo, this is a useless win if the ITC, as is now rather likely after a preliminary ruling, clears Apple’s workaround.
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First U.S. patent long-arm assertions in German court withdrawn with prejudice as Onesta settles with Qualcomm; separately, NVIDIA settled
The realistic best-case scenario for BMW materialized with respect to costs. But the overall course of events will not completely discourage others from pulling an Onesta.
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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.