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Federal Circuit establishes new rule for proving willful infringement: Bard Peripheral Vascular, Inc. V. W.L. Gore & Associates, Inc.

Quinn Emanuel Urquhart & Sullivan LLP
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USA
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August 17 2012

In a decision with significant implications for patent cases involving willful infringement, the Federal Circuit recently held that the threshold determination of objective recklessness under the Seagate standard for willful infringement is a question of law to be decided by the trial court and subject to de novo review

Federal Circuit recants criticism of commission’s “no position” rule

Quinn Emanuel Urquhart & Sullivan LLP
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USA
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August 17 2012

In an unusual turnabout, the Federal Circuit withdrew six pages of its precedential opinion in General Electric Co. v. International Trade Commission, 670 F.3d 1206 (Fed. Cir. Feb. 29, 2012), which had criticized the Commission’s practice of taking “no position” on fully-litigated issues

Canon wins ink cartridge patent infringement suit in the Japanese Supreme Court

Quinn Emanuel Urquhart & Sullivan LLP
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Japan
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January 8 2012

Canon Inc. had sued six other ink cartridge makers claiming that their products, which are compatible with Canon-manufactured ink-jet printers infringe one of Canon’s patents

Multi-defendant joinder under the America Invents Act: much ado about nothing?

Quinn Emanuel Urquhart & Sullivan LLP
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USA
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December 19 2012

In September 2011, Congress passed the Leahy-Smith America Invents Act ("AIA"), which implemented a number of changes to the U.S. patent system

In re: Blaise Laurent Mouttet

Quinn Emanuel Urquhart & Sullivan LLP
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USA
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August 17 2012

The Federal Circuit recently loosened the rules regarding obviousness in In re: Blaise Laurent Mouttet, No. 2011-1451 (Fed. Cir. June 26, 2012

ITC proposes modifications to e-discovery practices in Section 337 investigations

Quinn Emanuel Urquhart & Sullivan LLP
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USA
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December 19 2012

This fall, the U.S. International Trade Commission (Commission) proposed changes to its rules governing discovery in Section 337 investigations

European patent system is in for fundamental changes

Quinn Emanuel Urquhart & Sullivan LLP
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European Union
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July 25 2012

Adopting the European Patent Convention (EPC) and establishing the European Patent Office (EPO) thereby allowing for a single application for a “European patent” (which is more precisely a bundle of national patents which are independent from each other) was a major step towards harmonizing patent law in Europe

Patent victory in preliminary injunction proceeding in Germany

Quinn Emanuel Urquhart & Sullivan LLP
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Germany
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January 8 2012

The firm recently secured denial of a preliminary injunction against its client, Servona GmbH (“Servona”), a leading supplier of medical products in Germany

Federal Circuit vacates preliminary injunction in pharmaceutical case

Quinn Emanuel Urquhart & Sullivan LLP
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USA
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February 20 2012

In Warner Chilcott Labs. Ireland Ltd. v. Mylan Pharms. Inc., No. 2011-1611 (Fed. Cir. Dec. 12, 2011), the Federal Circuit vacated a preliminary injunction entered by the U.S. District Court for the District of New Jersey to prevent Mylan from launching a generic version of 150 mg Doryx, which is the branded name for the doxycycline hyclate delayed-release tablets sold by plaintiffs Warner Chilcott and Mayne Pharma International (the “Plaintiffs”

Knowledge required for induced infringement, but it may be established via willful blindness

Quinn Emanuel Urquhart & Sullivan LLP
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USA
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September 30 2011

In Global-Tech Appliances, Inc. v. SEB S.A., 131 S. Ct. 2060 (2011), the Supreme Court held that knowledge is the applicable standard for imposing liability under Section 271(b) of the Patent Act, which concisely provides that “whoever actively induces infringement of a patent shall be liable as an infringer”