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What Happens in the ITC Stays in the ITC - Except for Related District Court Cases

USA - September 11 2017 The ITC has always viewed its ability to gather and protect confidential business information as crucial to its ability to perform its mission. See…

Justiciable controversy existed for a generic’s DJ action on a patent listed in the FDA’s Orange Book even though the patent had been disclaimed

USA - April 6 2015 Federal Circuit reverses dismissal of declaratory judgment action by second ANDA-filer (Apotex) and reverses denial of motion to intervene by first…

Craig Countryman

Fed Cir affirms willful infringement judgment and determines patentee is the “prevailing party” where it won on one of two asserted patents

USA - November 18 2014 Fed Cir affirms a non-infringement judgment on one patent, affirms a judgment of willful infringement on a second patent, affirms other damages and…

Craig Countryman

Federal Circuit has jurisdiction over diversity suit for breach of contract that depended on patent infringement and validity

USA - October 20 2014 Fed Cir denies transfer to the regional circuit and refuses interlocutory review over a ruling that the plaintiff could proceed with a breach of…

Craig Countryman

District court properly clarified claim construction post-verdict to require method steps be performed in a particular order to avoid rendering one step superfluous

USA - August 28 2014 Fed Cir affirms JMOL of non-infringement. The patent covers a method remotely managing an electronic device that required “establishing a connection…

Craig Countryman