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Results: 1-10 of 137

Federal Circuit addresses personal jurisdiction in patent infringement litigation

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 30 2012

Finding that the U.S. Supreme Court “has yet to reach a consensus on the proper articulation of the stream-of-commerce theory” of personal jurisdiction to assess whether a court has jurisdiction over a non-resident defendant in a patent infringement suit, the Federal Circuit Court of Appeals has applied its own theory, which assesses the pleadings and evidence under “any articulation of the stream-of-commerce theory,” and has determined that a district court in Wyoming properly dismissed two patent infringement lawsuits for lack of jurisdiction

Federal Circuit explores when litigation is “reasonably foreseeable” for spoliation purposes

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 19 2011

The Federal Circuit Court of Appeals has issued rulings in companion patent-infringement cases involving the alleged spoliation of documents; at issue was a determination as to when litigation is "reasonably foreseeable," thus triggering a document-preservation duty

Federal Circuit applies patent issuance date to laches claim in inventorship correction suit

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • December 6 2012

The Federal Circuit Court of Appeals has ruled that a claim for correction of inventorship under 35 U.S.C. 256 accrues when the patent issues and not when the allegedly omitted inventors purportedly knew or should have known that they were not named inventors on the patent application

Federal Circuit clarifies permanent injunction standard

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 20 2011

The Federal Circuit Court of Appeals has clarified that, while a judgment of patent infringement and validity does not constitute a presumption of irreparable harm “as it applies to determining the appropriateness of injunctive relief,” the judgment should not be ignored by the court when weighing the equities involved in deciding whether to impose a permanent injunction

Federal Circuit affirms dismissal of patent assignor estoppel claims

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • February 21 2013

The Federal Circuit Court of Appeals has affirmed the district court's dismissal of claims filed by a patent owner against the co-inventor who

SCOTUS hears argument on patent exhaustion in GE seed case

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • February 21 2013

According to court watchers, the U.S. Supreme Court appeared skeptical of claims by an Indiana farmer that the first sale of a genetically engineered

French company prevails in dispute with FDA over drug-classification ruling

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 3 2012

A federal court in the District of Columbia has determined that the Food and Drug Administration (FDA) erred when it classified a combination drug-device product as primarily a drug, thus subjecting its French manufacturer to more burdensome regulatory requirements

Fourth Circuit joins others to adopt predicate-act doctrine for foreign copyright infringement

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 21 2012

The Fourth Circuit Court of Appeals has adopted the predicate-act doctrine “which posits that a plaintiff may collect damages from foreign violations of the Copyright Act so long as the foreign conduct stems from a domestic infringement.”

Court rejects attempt to keep settled infringement suit alive through appeal

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • January 24 2013

The Federal Circuit Court of Appeals has dismissed as moot the appeal of a patent infringement dispute between parties that had settled the claims

Dialysis equipment maker sues component part supplier for indemnification

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 17 2011

A company that makes dialysis equipment for use in clinics and by patients in their homes has filed a complaint in federal court against a company that supplied a component part which allegedly contained a defect that led to a recall and caused injuries and at least one death