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Patent Litigation in a Pandemic: Courts Forge Ahead And Patentees Continue to Institute New Cases Despite Coronavirus

USA - May 5 2020 As we enter a new month and everyone attempts to plan for whatever the next phase of COVID-19 will bring, one thing appears certain—litigants and…

Ronald E. Cahill, Heather B. Repicky

Naming Exclusive Licensee as Defendant, Exclusively, Leads to Dismissal of Declaratory Judgment Action

USA - August 28 2017 For declaratory judgment (DJ) actions concerning patents, whether a patent owner’s conduct is sufficient for there to be a real and immediate…

Court Lacks Subject Matter Jurisdiction over Unasserted Claims

USA - April 18 2017 A party can raise lack of subject-matter jurisdiction at any time during a litigation. Illustrating this point, recently in Joao Control & Monitoring…

PTAB Panel Finds Tribal Immunity is Not a Barrier to IPR

USA - March 9 2018 In a case that has received significant attention over the past several months, a United States Patent Trial and Appeal Board (PTAB) panel recently…

Federal Circuit Reverses Fee Award in Case Tagged as Exceptional

USA - June 19 2017 While the Supreme Court’s decisions in Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Management System, Inc…