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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


Eighth Circuit says pleadings can be filed under seal, but needs more justification
  • Shook Hardy & Bacon LLP
  • USA
  • February 21 2013

The Eighth Circuit Court of Appeals has determined that a federal district court did not abuse its discretion in sealing an antitrust complaint


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


Court appoints damages expert in patent infringement lawsuit
  • Shook Hardy & Bacon LLP
  • USA
  • September 22 2011

Taking an apparently unusual step, a federal court in California has reportedly appointed an expert to testify on damages in patent infringement litigation that has generated contentious hearings over the issue between Oracle America Inc. and Google Inc


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


French company prevails in dispute with FDA over drug-classification ruling
  • Shook Hardy & Bacon LLP
  • USA
  • October 3 2012

A federal court in the District of Columbia has determined that the Food and Drug Administration (FDA) erred when it classified a combination drug-device product as primarily a drug, thus subjecting its French manufacturer to more burdensome regulatory requirements


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


U.S. Supreme Court to consider just one question in Myriad Genetics
  • Shook Hardy & Bacon LLP
  • USA
  • December 6 2012

The U.S. Supreme Court has agreed to review a Federal Circuit Court of Appeals ruling on the patentability of human genes and limited its grant of certiorari to the question “Are human genes patentable?”


Science publishers voluntarily dismiss part of copyright infringement case against law firm
  • Shook Hardy & Bacon LLP
  • USA
  • September 20 2012

The companies that claim law firms violate their copyrights in scientific articles when the firms submit copies of the articles with patent applications to the U.S. Patent and Trademark Office have sought leave to amend their complaint by withdrawing these claims but will move forward with claims that additional copies the firms make infringe the companies’ copyrights


Vascular graft patent dispute heads to SCOTUS for review of heightened willful infringement standard
  • Shook Hardy & Bacon LLP
  • USA
  • November 1 2012

Medical supply manufacturer W.L. Gore & Associates, Inc. has filed a petition before the U.S. Supreme Court seeking review of a Federal Circuit ruling remanding to the district court a long-running patent-infringement dispute over a prosthetic vascular graft, with instructions to reconsider its denial of W.L. Gore’s motion for judgment as a matter of law of no willful infringement