Federal Circuit Holds USPTO Can Defend PTAB Decision After Original Petitioner Drops Out
Federal Circuit Says Alice Not Intervening Change
June 01, 2018Howard Shire and Adam B. Fischer
On March 27, 2018, in Oracle America, Inc. v. Google LLC, the Federal Circuit overturned a jury verdict in favor of Google from the U.S. District Court for the Northern District of California. In doing so, the court revived Oracle's claim that Google's use of Oracle's open-source Java language code did not constitute “fair use.”
May 01, 2018Nathan D. RenovDespite Possibility of 'Chaos,' Presumption Against Extraterritorial Application May Give Way to Simple Proximate Cause Test, Justices Suggest
The U.S. Supreme Court seemed to be mulling a flexible test for foreign patent damages last month, with the categorical presumption against extraterritoriality taking a back seat.
May 01, 2018Scott GrahamFederal Circuit Affirms Dismissal of Declaratory-Judgment Action Based Under Rule Against Piecemeal Adjudication
Federal Circuit Affirms Non-Infringement Finding Despite Defendant's Discovery ViolationMay 01, 2018Jeff Ginsberg and Dorothy LeRayExmark Manufacturing Company Inc. v. Briggs & Stratton Power Products Group, LLC
The rate of the reasonable royalty awarded to a successful patent plaintiff must be based on the facts of the case. A damages expert cannot merely pay lip service to the Georgia-Pacific factors and then “pluck” a royalty rate from thin air.
April 01, 2018Matthew SiegalClaim Preclusion Requires Analysis that Claims in Newly Asserted Patents are Patently Indistinct from Claims in Previously Adjudicated Patents
Claim Elements Taught by Prior Art for Purposes of Novelty and Obviousness are not Necessarily 'Well-Understood, Routine, and Conventional' Under §101April 01, 2018Howard Shire and Michael BlockThe U.S. Supreme Court recently agreed to consider whether a patentee may recover foreign lost profits resulting from infringement of a United States patent.
March 01, 2018Morgan Chu and Dominik SlusarczykFinjan, Inc. v. Blue Coat Sys., Inc.
The Federal Circuit ruled that basing a reasonable royalty calculation on the “smallest salable unit” does not obviate the need to apportion damages to the patented contribution within that unit.
March 01, 2018Matthew SiegalFederal Circuit Vacates Noninfringement Decision Finding a Genuine Dispute as to Divided Infringement
Patent Trial and Appeal Board Holds Sovereign Immunity No Defense to IPR Petition Brought by Accused InfringerMarch 01, 2018Jeff Ginsberg and David CooperbergOn Jan. 8, 2018, the Federal Circuit issued its significant en banc decision in Wi-Fi One, LLC v. Broadcom. In that decision, the Federal Circuit held that the time-bar of 35 U.S.C. §315(b) is reviewable on appeal, thus overturning a prior panel decision and opening the door for parties to challenge how the USPTO has interpreted and applied that statutory provision.
February 01, 2018Jon E. Wright and Pauline M. Pelletier
