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Results: 1-10 of 218

Farmers and seed companies want Monsanto GE seed patents declared invalid

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 1 2011

A coalition of more than 50 trade organizations, seed businesses, farms, and farmers has filed a lawsuit in a federal court in New York, to stop Monsanto Co. from enforcing its genetically engineered (GE) seed patents against farmers whose fields become contaminated with the GE seeds. Organic Seed Growers & Trade Ass’n v. Monsanto Co., No. 11-2163 (U.S. Dist. Ct., S.D.N.Y., filed March 29, 2011

Royalty needn’t ensure infringer a profit, Federal Circuit says

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 28 2013

Confirming a long-standing rule, Federal Circuit Chief Judge Rader decided the district court clearly erred when it left room for the infringer to

Win by losing? Courts applying new rules to ongoing royalties

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • January 31 2012

The awkward possibility of a statutory injury (infringement) without a ready remedy (injunction) escalated after the U.S. Supreme Court decided eBay Inc. v. MercExchange, L.L.C., in 2006

Sanctions imposed on counsel in patent litigation affirmed

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 2 2012

The Federal Circuit Court of Appeals has upheld nearly $44,000 in sanctions imposed on the attorney for a plaintiff in patent litigation, finding that he was equally responsible for his client’s failure to adequately respond to an interrogatory seeking its infringement theory

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

Control at issue in split Federal Circuit ruling on joint infringement

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 21 2011

A divided Federal Circuit Court of Appeals panel, relying on recent precedent, has confirmed that "where the actions of multiple parties combine to perform every step of a claimed method, the claim is directly infringed only if one party exercises 'control or direction' over the entire process such that every step is attributable to the controlling party."

Supplemental lost profits awarded

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 22 2013

The district court in Arlington Industries allowed Plaintiff to recover supplemental lost profits from the date of judgment to the date the patent

Not-so-reasonable royalty slashed

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 19 2013

First, the Tomita Technologies court concluded Plaintiff’s damages were based on the smallest salable patent practicing unit, making the EMVR moot

U.S. Supreme Court’s approach to Bayh-Dole secures inventors’ rights

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 16 2011

The U.S. Supreme Court has determined that a federal law known as the Bayh-Dole Act does not displace the long-established rule that rights in an invention belong to the inventor and that title to federally funded inventions does not automatically vest in federal contractors

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