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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


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


Federal Circuit applies Gunn, rules false statement about patent claim belongs in state court
  • Shook Hardy & Bacon LLP
  • USA
  • June 6 2013

The Federal Circuit Court of Appeals has determined that a dispute over allegedly false statements about patents did not raise a substantial question


Federal court upholds glaucoma drug patents and enjoins generics
  • Shook Hardy & Bacon LLP
  • USA
  • September 1 2011

A federal court in Texas has determined that four combination glaucoma drug patents held by Allergan Inc. were valid and that generic drug makers infringed the patents by seeking Food and Drug Administration (FDA) approval to sell their generic versions under an abbreviated new drug application


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


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


Federal Courts of Appeals conflict over validity of pay-for-delay deals
  • Shook Hardy & Bacon LLP
  • USA
  • August 2 2012

The Third Circuit Court of Appeals issued a ruling in mid-July that found “any payment from a patent holder to a generic patent challenger who agrees to delay entry into the market must be treated by a factfinder as prima facie evidence of an unreasonable restraint of trade,” thus supporting the Federal Trade Commission’s (FTC’s) view that pay-for-delay deals that settle patent disputes between name-brand pharmaceutical companies and their generic drug competitors violate antitrust law


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


Federal Circuit issues seven opinions on patentability of software innovations
  • Shook Hardy & Bacon LLP
  • USA
  • May 16 2013

The en banc Federal Circuit Court of Appeals has divided over whether method and computer-readable media claims and system claims are directed to