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Patent Owners Cannot Sue the Government for Patent Infringement as a Fifth Amendment Taking

USA - April 14 2020 Summary: (1) Patent infringement claims against the government must be brought under 28 U.S. § 1498, not as a Fifth Amendment taking claim. (2) An…

Adam Powell, Paul Stewart

Prior Art Disclosing Partially Overlapping Temperature Range Is Enough to Establish Prima Facie Case of Anticipation and Obviousness

USA - January 10 2020 Summary: Prior art disclosing a temperature range that partially overlaps with the claimed temperature range, establishes a prima facie case of…

Mark Kachner, Paul Stewart

The Sometimes Limiting Effect of "Wherein" Clauses

USA - August 29 2019 Allergan Sales, LLC and Allergan, Inc. (collectively, “Allergan”) sued Sandoz, Inc. and Alcon Laboratories, Inc. (collectively, “Sandoz”) alleging…

Paul Stewart, Nicole R. Townes

Federal Circuit Clarifies Appellate Jurisdiction to Review Attorney Fees Awards

USA - June 26 2019 Neither 28 U.S.C. § 1295 nor 28 U.S.C. § 1292(c)(2) provide appellate jurisdiction to review an attorney fees award if the amount of attorney fees…

Andrea Cheek

Chargepoint, Inc. v. Semaconnect, Inc.

USA - March 28 2019 ChargePoint filed a complaint for patent infringement against SemaConnect, asserting four patents relating to networked electric vehicle charging…

Karen M. Cassidy