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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

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 reminds litigants to cross-appeal patent invalidity claim

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

The Federal Circuit Court of Appeals, in the context of patents on improvements to electronic animal collars, has in large part affirmed a lower

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 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 court addresses spoliation issues on remand in Hynix v. Rambus

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

On remand from the Federal Circuit Court of Appeals, a federal district court in California has reversed its determination that Rambus, Inc. did not spoliate evidence by shredding hundreds of boxes in the months preceding its implementation of a strategy to aggressively protect its technology patents

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

Court imposes sanctions on Apple for shutting down deposition

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

A federal court in Texas has determined that counsel for Apple had no basis for bringing to a premature close the deposition of one of its engineering managers in a lawsuit asserting VirnetX’s patent against an Apple 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

U.S. Supreme Court refuses to consider patent dispute over vascular grafts

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

The U.S. Supreme Court has denied the petition for review filed by W.L. Gore & Associates, Inc. in a dispute over the patent for a prosthetic