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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


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


Fourth Circuit joins others to adopt predicate-act doctrine for foreign copyright infringement
  • Shook Hardy & Bacon LLP
  • USA
  • June 21 2012

The Fourth Circuit Court of Appeals has adopted the predicate-act doctrine “which posits that a plaintiff may collect damages from foreign violations of the Copyright Act so long as the foreign conduct stems from a domestic infringement.”


Court rules patent attorneys did not infringe scientific article copyrights
  • Shook Hardy & Bacon LLP
  • USA
  • June 6 2013

In a bench ruling, a federal court in Texas has reportedly determined that patent attorneys did not infringe scientific article copyrights by making


Science publisher claims submission of prior art to USPTO involves copyright infringement
  • Shook Hardy & Bacon LLP
  • USA
  • March 15 2012

A New Jersey-based publishing company has filed copyright infringement lawsuits in federal courts in two states against law firms that submitted citations to or copies of copyrighted articles from scientific journals to the U.S. Patent and Trademark Office (USPTO) with their clients’ patent applications


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


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


Validity of AIA’s retroactive elimination of qui tam provision upheld in false marking suit
  • Shook Hardy & Bacon LLP
  • USA
  • January 10 2013

The Federal Circuit Court of Appeals has determined that Congress's retroactive elimination of a provision allowing private parties to prosecute


Federal Circuit requests briefing on piecemeal appeal in patent infringement suit
  • Shook Hardy & Bacon LLP
  • USA
  • August 16 2012

The Federal Circuit Court of Appeals, on its own motion, has granted a hearing en banc in a patent infringement suit involving “beam-type” automobile wiper blades and requested that the parties address whether the court has jurisdiction over an appeal from patent infringement liability determinations given that a damages trial has not yet occurred and willfulness issues remain undecided


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