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Results: 1-10 of 129

SCOTUS to determine where patent lawyers may be sued for legal malpractice
  • Shook Hardy & Bacon LLP
  • USA
  • October 18 2012

The U.S. Supreme Court has decided to review a Texas Supreme Court decision that found lower courts had erred in ruling on legal malpractice claims arising from patent-infringement litigation on the ground that federal courts have exclusive jurisdiction over patent-law matters


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


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


Location of outside patent counsel may not subject company to state jurisdiction
  • Shook Hardy & Bacon LLP
  • USA
  • September 20 2012

A federal court in Massachusetts has dismissed a suit seeking a declaration of non-infringement filed by a Massachusetts company against a Texasbased company, finding that the defendant lacked sufficient contacts with Massachusetts to allow the court to exercise jurisdiction over it


Parties to patent reform law challenge exchange pleadings
  • Shook Hardy & Bacon LLP
  • USA
  • September 20 2012

The U.S. Patent and Trademark Office (USPTO) has filed its opposition to a lawsuit challenging the constitutionality of the Leahy-Smith America Invents Act (AIA), and the plaintiffs have filed their reply to the opposition


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


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


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


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


Third Circuit refuses to stay effect of anti-competitive ruling in pay-for-delay case
  • Shook Hardy & Bacon LLP
  • USA
  • August 30 2012

The Third Circuit Court of Appeals has denied a request that it stay the mandate of its July 2012 ruling that “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.”