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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 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

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

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 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

House bill would impose litigation costs on losing non-practicing entities

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 7 2013

U.S. Reps. Peter DeFazio (D-Ore.) and Jason Chaffetz (R-Utah) have introduced legislation (H.R. 845) that would create a "loser pays" system in

Federal Circuit finds no limitation on new evidence in civil patent actions filed in district court

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 18 2010

A divided en banc Federal Circuit Court of Appeals has determined that patent applicants who are dissatisfied with a Board of Patent Appeals (Board) determination and decide to pursue their claims in federal court under 35 U.S.C. 145, face no limitations on the right to introduce new evidence other than those pertaining to all civil actions under federal evidentiary and procedural rules

Federal Circuit upholds sanctions against plaintiff and counsel

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • December 16 2010

The Federal Circuit Court of Appeals has denied a motion seeking to stay an award of $631,000 in sanctions and fees against a company and its counsel for bringing a baseless infringement claim involving an information processing methodology

USPTO seeks comments on rules for ex parte patent appeals

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • December 16 2010

The U.S. Patent and Trademark Office (USPTO) has issued a notice of proposed rulemaking that seeks public comments on proposed new revisions to current procedures governing practice before the Board of Patent Appeals and Interferences

Medical treatment claims deemed patentable on reconsideration after Bilski

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • January 13 2011

The Federal Circuit Court of Appeals has confirmed its earlier decision, rendered before Bilski v. Kappos, 130 S. Ct. 3218 (2010), was decided, and ruled that methods for determining the optimal dosage of thiopurine drugs used to treat gastrointestinal and non-gastrointestinal autoimmune diseases recite patentable subject matter under 101