Columns & Departments
Jeff Ginsberg
&
Dorothy LeRay
Federal Circuit Affirms Dismissal of Declaratory-Judgment Action Based Under Rule Against Piecemeal Adjudication<br>Federal Circuit Affirms Non-Infringement Finding Despite Defendant's Discovery Violation
Features
Matthew Siegal
<b><i>Exmark Manufacturing Company Inc. v. Briggs & Stratton Power Products Group, LLC</b></i><p>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 <i>Georgia-Pacific</i> factors and then “pluck” a royalty rate from thin air.
Columns & Departments
Howard Shire
&
Michael Block
Claim Preclusion Requires Analysis that Claims in Newly Asserted Patents are Patently Indistinct from Claims in Previously Adjudicated Patents<br>Claim Elements Taught by Prior Art for Purposes of Novelty and Obviousness are not Necessarily 'Well-Understood, Routine, and Conventional' Under §101
Features
Morgan Chu
&
Dominik Slusarczyk
The U.S. Supreme Court recently agreed to consider whether a patentee may recover foreign lost profits resulting from infringement of a United States patent.
Features
Matthew Siegal
<i><b>Finjan, Inc. v. Blue Coat Sys., Inc.</b></i><p>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.
Columns & Departments
Jeff Ginsberg
&
David Cooperberg
Federal Circuit Vacates Noninfringement Decision Finding a Genuine Dispute as to Divided Infringement<br>Patent Trial and Appeal Board Holds Sovereign Immunity No Defense to IPR Petition Brought by Accused Infringer
Features
Jon E. Wright
&
Pauline M. Pelletier
On Jan. 8, 2018, the Federal Circuit issued its significant <i>en banc</i> decision in <i>Wi-Fi One, LLC v. Broadcom.</i> 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.
Features
Gregory Parker
&
Andrew J. Rittenhouse
This article examines the impact of <i>TC Heartland</i> with a focus on recent Federal Circuit decisions applying <i>TC Heartland</i> and further clarifying the scope of where patent cases may be filed.
Features
Scott Graham
<b><i>There Was No Clear Majority at Oral Argument Signaling the Death of</i> Inter Partes <i>Review</b></i><p>November 27 was supposed to be the big Patent Trial and Appeal Board (PTAB) showdown at the U.S. Supreme Court. After two hours of questioning, it seemed more like a big bust.
Columns & Departments
Jeffrey S. Ginsberg
&
Hui Li
Federal Circuit Affirms Finding That Rembrandt's Patent Is Not Infringed by Apple's Accused Products<br>District Court Transfers Case after Federal Circuit Ordered It to Reconsider Party's Venue Objections In Light of <i>TC Heartland</i><brPTAB Decision Invalidating AIP Internet Network Patent Affirmed on Appeal
