Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
IP News
On June 7, 2013, the Federal Circuit panel of Judges Dyk, Bryson, and Reyna issued its opinion in Precision Links, Inc. v. USA Products Group, Inc., No. 2012-1461, vacating an award of $250,395 that had been awarded to the defendants due to plaintiff's alleged litigation misconduct.' The district court had held that Precision's ultimately unsuccessful construction of claim 1 of the asserted patent was objectively baseless and had been brought tin bad faith.' Slip Op. at 3.' The district court also took issue with several of Precision's other actions, including a theory that defendants' products were manufactured of a cheap and inferior material that could cause harm to consumers, which was used to support a theory of irreparable harm.' Id.'
The Federal Circuit determined that Precision's claim construction position was not frivolous, and that 'Precision's infringement theory was not objectively baseless and that it was improper for the district court to conclude that the infringement allegations as to claim 1 were brought in bad faith.” Id. at 6.' The Federal Circuit did agree with the defendants and the district court, however, that indirect infringement claims related to other asserted claims were baseless and that a mere allegation that the defendants offered to sell multiple accused products together 'falls far short of the kind of showing required for indirect infringement.” Id. at 9.' The fee award was vacated, and the proceedings were remanded for further consideration as to whether the case was exceptional.
Jeffrey S. Ginsberg is a partner and'Joseph Mercadante is an associate'in the New York office of Kenyon &'Kenyon LLP.
On June 7, 2013, the Federal Circuit panel of Judges Dyk, Bryson, and Reyna issued its opinion in Precision Links, Inc. v. USA Products Group, Inc., No. 2012-1461, vacating an award of $250,395 that had been awarded to the defendants due to plaintiff's alleged litigation misconduct.' The district court had held that Precision's ultimately unsuccessful construction of claim 1 of the asserted patent was objectively baseless and had been brought tin bad faith.' Slip Op. at 3.' The district court also took issue with several of Precision's other actions, including a theory that defendants' products were manufactured of a cheap and inferior material that could cause harm to consumers, which was used to support a theory of irreparable harm.' Id.'
The Federal Circuit determined that Precision's claim construction position was not frivolous, and that 'Precision's infringement theory was not objectively baseless and that it was improper for the district court to conclude that the infringement allegations as to claim 1 were brought in bad faith.” Id. at 6.' The Federal Circuit did agree with the defendants and the district court, however, that indirect infringement claims related to other asserted claims were baseless and that a mere allegation that the defendants offered to sell multiple accused products together 'falls far short of the kind of showing required for indirect infringement.” Id. at 9.' The fee award was vacated, and the proceedings were remanded for further consideration as to whether the case was exceptional.
Jeffrey S. Ginsberg is a partner and'Joseph Mercadante is an associate'in the
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
How Secure Is the AI System Your Law Firm Is Using?
What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
COVID-19 and Lease Negotiations: Early Termination Provisions
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
Authentic Communications Today Increase Success for Value-Driven Clients
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.