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Supreme Court rules that clear and convincing evidence is required to establish the invalidity of a patent

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • July 13 2011

35 U.S.C. 282 provides that “a patent shall be presumed valid” and that “the burden of establishing invalidity of a patent or any claim thereof shall rest on the party asserting such invalidity.”

Largest patent infringement verdict ever affirmed on appeal

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • February 14 2011

Recently, the Federal Circuit affirmed a $290 million verdict against Microsoft Corporation in its long running patent infringement battle with i4i Limited Partnership and Infrastructures for Information Inc. (collectively, "i4i"

Federal Circuit reverses judgment that insurance companies infringed patent on computerized method for administering variable annuities

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • November 18 2010

A recent decision by the Federal Circuit articulated two points with far reaching implications for companies in the financial and insurance sectors

"Implied" assertion of rights by patent licensing company supports declaratory judgment jurisdiction

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • July 13 2010

In a decision that continues the expansion of declaratory judgment jurisdiction in light of MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118 (2007), the Federal Circuit has ruled that a patent holding company that brought a patent to the attention of a potential infringer and made an "implied" assertion of rights under the patent was subject to a declaratory judgment suit