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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 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


Myriad Genetics calls on Scotus to reject petition from ruling finding DNA molecules patent-eligible
  • Shook Hardy & Bacon LLP
  • USA
  • November 15 2012

According to Myriad Genetics, Inc., the U.S. Supreme Court should not grant review in Association for Molecular Pathology v. Myriad Genetics, Inc. Details about the Federal Circuit Court of Appeals decision on remand from the lawsuit’s previous sojourn before the U.S. Supreme Court appear in Issue 41 of this Bulletin


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


Biotech company settles claims that counsel divulged confidential information
  • Shook Hardy & Bacon LLP
  • USA
  • April 21 2011

A federal court in California has dismissed with prejudice claims that a biotech company filed against its former counsel alleging that the law firm had provided confidential information about the company's patent applications to another client


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


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


U.S. Supreme Court issues ruling on patentability of human genes
  • Shook Hardy & Bacon LLP
  • USA
  • June 20 2013

The U.S. Supreme Court has determined that while human genes and the information they encode are not patent eligible, despite the effort required to


Researchers conclude costs of litigation growing in relation to benefits of patent protections
  • Shook Hardy & Bacon LLP
  • USA
  • June 20 2013

Economics, law and technology scholars affiliated with U.S. and German institutions have issued a paper that examines data on the costs of patent


En banc Federal Circuit issues ruling on appellate jurisdiction over patent infringement issues
  • Shook Hardy & Bacon LLP
  • USA
  • June 20 2013

The Federal Circuit Court of Appeals en banc has determined that parties may appeal the liability issues in a patent infringement action even if the