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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


Court dismisses French company from suit seeking correction of patent inventorship
  • Shook Hardy & Bacon LLP
  • USA
  • April 7 2011

A federal court in the District of Columbia has dismissed patent-related litigation against a French drug company for lack of personal jurisdiction


SCOTUS sides with FTC in reverse payment deals
  • Shook Hardy & Bacon LLP
  • USA
  • June 20 2013

A divided U.S. Supreme Court has determined that patent-infringement settlement agreements requiring the patentee to pay the claimed infringer


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


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


SCOTUS unanimously rules GM soybean patent infringed
  • Shook Hardy & Bacon LLP
  • USA
  • May 16 2013

The U.S. Supreme Court has determined that the "exhaustion doctrine" does not apply in the context of a patented genetically modified (GM) seed, and


Federal Circuit’s patent infringement ruling conflicts with USPTO re-examination on validity
  • Shook Hardy & Bacon LLP
  • USA
  • November 1 2012

The Federal Circuit Court of Appeals has denied a request for an en banc rehearing by a medical-device patent holder which argued that the U.S. Patent and Trademark Office’s (USPTO’s) Board of Patent Appeals had effectively nullified a previous Federal Circuit decision on the validity of its patent


Induced-infringement ruling splits en banc Federal Circuit Court of Appeals
  • Shook Hardy & Bacon LLP
  • USA
  • September 20 2012

In a ruling that departs from prior case law, a bare majority of the Federal Circuit Court of Appeals has determined that someone who induces others to infringe a patent can be held liable to the patent holder; the court thus overturned prior inconsistent decisions holding that a single entity must be liable for direct infringement in order for a party to be liable for induced infringement under 35 U.S.C. 271(b


Fractured Myriad Genetics ruling follows SCOTUS remand
  • Shook Hardy & Bacon LLP
  • USA
  • August 30 2012

Ruling that one plaintiff had standing to seek a declaratory judgment as to the patent eligibility of certain genetic discoveries, the Federal Circuit Court of Appeals has once again reversed in part and affirmed in part a lower court’s determination that isolated DNA molecules and methods of comparing molecules to determine whether a patient’s genes have mutations that could cause breast and ovarian cancer were not patent eligible


Fewer patent cases filed before ITC in FY2012
  • Shook Hardy & Bacon LLP
  • USA
  • October 18 2012

According to a news source, 30 percent fewer intellectual property cases were filed before the U.S. International Trade Commission (ITC) in fiscal year (FY) 2012 than were filed in FY2011