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Results: 1-10 of 98

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 dubbed a “rogue appeals court,” seen as biased in favor of patent holders

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

Writing for Ars Technica in an article titled “How a rogue appeals court wrecked the patent system,” associate writer Timothy Lee explores the history of the Federal Circuit Court of Appeals, noting that it was created in 1982 due to “concerns about the lack of uniformity in patent law that had become widespread.” With sole appellate jurisdiction over patent disputes, the court accomplished congressional goals by making patent law more uniform, but it had other side effects, according to Lee

Federal Circuit says certain human genes may be patented

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 4 2011

In a ruling likely to be appealed to the U.S. Supreme Court, a divided Federal Circuit Court of Appeals panel has determined that genetic discoveries may, to a certain extent, be patented

Fractured Myriad Genetics ruling follows SCOTUS remand

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

Ruling that one plaintiff had standing to seek a declaratory judgment as to the patent eligibility of certain genetic discoveries, the Federal Circuit Court of Appeals has once again reversed in part and affirmed in part a lower court’s determination that isolated DNA molecules and methods of comparing molecules to determine whether a patient’s genes have mutations that could cause breast and ovarian cancer were not patent eligible

Federal Circuit requests briefing on piecemeal appeal in patent infringement suit

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 16 2012

The Federal Circuit Court of Appeals, on its own motion, has granted a hearing en banc in a patent infringement suit involving “beam-type” automobile wiper blades and requested that the parties address whether the court has jurisdiction over an appeal from patent infringement liability determinations given that a damages trial has not yet occurred and willfulness issues remain undecided

Federal Circuit addresses pleading standards for patent infringement claims

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 2 2013

The Federal Circuit Court of Appeals has determined that a federal district court erred by relying on an incorrect pleading standard in dismissing

Long-running GORE-TEX graft patent dispute fractures Federal Circuit panel

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 1 2012

A divided Federal Circuit Court of Appeals panel has upheld a jury verdict of patent validity and willful infringement and affirmed a district court’s decision to enhance the damages verdict, thus upholding an award in excess of $371 million and an additional award of $19 million in costs and attorney’s fees

Location of outside patent counsel may not subject company to state jurisdiction

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 20 2012

A federal court in Massachusetts has dismissed a suit seeking a declaration of non-infringement filed by a Massachusetts company against a Texasbased company, finding that the defendant lacked sufficient contacts with Massachusetts to allow the court to exercise jurisdiction over it

Science publisher claims submission of prior art to USPTO involves copyright infringement

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 15 2012

A New Jersey-based publishing company has filed copyright infringement lawsuits in federal courts in two states against law firms that submitted citations to or copies of copyrighted articles from scientific journals to the U.S. Patent and Trademark Office (USPTO) with their clients’ patent applications

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