Archives
- 2012.05.21: 3,000 Page Attachment with Limitation by Limitation Invalidity Analysis Violates ITC Ground Rule and Is Rejected
- 2012.05.18: Apple v. Motorola: Motorola Loses Bid to Exclude Apple's Damage Expert
- 2012.05.16: Multi-District Panel Rules That America Invents Act Does Not Bar Centralization of Multiple Defendants in Single District
- 2012.05.14: Apple Wins Motion for Issue Preclusion Sanctions Against Samsung for Samsung's Failure to Produce Source Code
- 2012.05.11: Court Denied Motion to Exclude Expert Testimony That Relied on Consumer Survey to Establish Evidence of Infringement
- 2012.05.09: Apple v. Motorola: Apple Provides Counsel Free of Charge to Inventor to "Prepare" for Deposition and Judge Posner Rules That No Bona Fide Attorney-Client Privilege Was Created
- 2012.05.07: Apple v. Samsung: Rule 37 Sanctions Ordered Against Samsung for Failure to Timely Produce Documents Despite Two Court Orders
- 2012.05.04: Inequitable Conduct Defense Dismissed Where Defendants Did Not Even Purport to Identify an Allegedly Fraudulent Document Submitted to the PTO
- 2012.04.30: Inventor Not Required to Answer Hypothetical Questions at Deposition Because He Was Not Designated as an Expert
- 2012.04.27: Apple v. Samsung: Court Grants Motion to Compel Deposition Testimony of Samsung High-Level Executives But Limits the Time of the Depositions
- 2012.04.25: Court Denies Motion to Exclude Defendant's Employee Expert Even Though Employee Expert Testified at Deposition That His Report Contained No Opinions and Repeatedly Invoked the Attorney-Client Privilege During Deposition
- 2012.04.24: Barebones Complaint Leaves Nestlé With Bitter Taste
- 2012.04.23: Oracle v. Google: Google Moves to Exclude Portions of the Court-Appointed Expert's Report on Patent Damages
- 2012.04.20: Apple v. Motorola: "The Witness Lists Are Too Long"
- 2012.04.18: Plaintiff Prohibited from Offering Evidence of Defendants' Overall Economic Status and Profitability During Patent Infringement Trial
- 2012.04.16: Damage Award of $5 Million Upheld Where Plaintiff Submitted Expert Testimony of Running Royalty Rate and Jury Was Not Required to Adopt Either of the Parties Royalty Calculations
- 2012.04.13: Thereasense Round Two: Even After "Seismic Shift" in the Law of Inequitable Conduct, District Court Applies Federal Circuit's New Standard and Still Finds Patent Invalid Due to Inequitable Conduct
- 2012.04.11: Patent Holder Loses Request to Extend Date for Filing Preliminary Infringement Contentions Where It Did Not Act Diligently in Seeking Relief from Court
- 2012.04.09: Eastern District of Texas Limits Plaintiff to 40 Claims Across 10 Patents But Orders Dell to Respond to Interrogatory Seeking Non-Infringement Contentions Prior to Claim Construction
- 2012.04.06: Stay Pending Reexamination Granted, Even Though Plaintiff and Defendant Were Competitors, Because Plaintiff Did Not Move for a Preliminary Injunction
- 2012.04.04: Oracle v. Google: Oracle Strikes Back and Succeeds in Striking Part of Google's Expert Report on Damages
- 2012.04.02: Judge Posner Consolidates Multiple Defendants Sued in Separate Actions and Raises Questions Whether Plaintiffs, if Successful in Establishing Liability, Will Be Entitled to Non-Trivial Damages
- 2012.03.30: Apple v. Motorola: Judge Posner Issues an Order Requesting Claim Construction That Are Written in Language That Is Intelligible to Jurors
- 2012.03.28: Oracle v. Google: The Battle Over Android Continues as Google Seeks to Exclude Oracle's Damage Expert for the Third Time
- 2012.03.26: Motion to Sever and Stay Denied Where Customer Defendants Could Not Satisfy Customer Suit Exception Factors
- 2012.03.23: After Finding of Direct Infringement on Summary Judgment, Court Concludes that Defendant's Infringement Was Not Willful But Denies Defenses of Laches and Equitable Estoppel
- 2012.03.22: Will Mayo v. Prometheus Be the Basis for the Invalidation of Broad Patent Claims and the Renegotiation of Royalties? Implications for Myriad gene case.
- 2012.03.21: Common Legal Interest Doctrine Saves Privileged Documents from Production Where Parties Contemplated an Acquisition of Patents
- 2012.03.19: Interwoven v. Vertical Computer Systems: Motion to Stay Pending Reexamination Denied Where Alleged Infringer Filed Declaratory Judgment Action to Initiate Litigation and Then Participated in Litigation Through the Markman Hearing
- 2012.03.16: Apple Invalidates Two Claims of NetAirus' Patent But Faces Trial on Two Others: NetAirus v. Apple
- 2012.03.14: Request for Sanctions for Spoliation Denied Where Plaintiff Failed to Bring the Spoliation Issue to the Court's Attention for Four Months and Waited Until the Eve of Trial
- 2012.03.12: Robocast v. Apple/Microsoft: Transfer Motion Denied Where Plaintiff's Choice of Forum Was Given Deference and the Relative Size and Strength of the Parties Weighed Against Transfer
- 2012.03.09: Tactical Decision to Exclude Royalty Rate from Expert Report Causes Court to Preclude Defendant from Arguing Royalty Rate to the Jury
- 2012.03.08: Federal Circuit Confirms That Method of Deferring Taxes Is Not Patentable
- 2012.03.08: Something New under the Sun: The Patent Reform Act of 2011 represents the first major overhaul of patent law since 1952
- 2012.03.07: Affirmative Defense for Invalidity Dismissed Where Affirmative Defenses Were Plead in the Disjunctive and Did Not Put Plaintiff on Proper Notice
- 2012.03.05: Direct Infringement Action Against Time Warner and DirecTV Dismissed Where Plaintiff Failed to Plead Sufficient Allegations of Infringement
- 2012.03.04: Evidence Related to Patent Prosecution History and Reexamination Not Admissible In Defense of Willful Infringement
- 2012.03.02: Covenant Not to Sue Contains an Implied License Barring Infringement Claims and Cannot Be Revoked After Reliance
- 2012.02.29: Brandeis University's Patent Infringement Case Over Cookies Crumbles Against Multiple Defendants and the Court Transfers All the Crums to Another District
- 2012.02.27: Round Rock Loses Motion to Dismiss for Lack of Personal Jurisdiction in its Battle with SanDisk: SanDisk Corporation v. Round Rock Research
- 2012.02.24: Even Though Claims Did Not Satisfy Machine-or-Transformation Test, Patent Not Held Ineligible Because the Claims Were Not Directed to an Abstract Idea
- 2012.02.22: The Battle over Android, Oracle v. Google: Oracle Is Ordered to Produce Witnesses for Deposition Because of an Unfortunate Typo
- 2012.02.20: Defendant's Motion for Leave to Amend Invalidity Contentions Denied Where Defendant Failed to Show Good Cause for Amendment Based on Court Declining to Construe Certain Claims
- 2012.02.17: When Plaintiffs Exit Market and Are No Longer Direct Competitor of Defendants Stay Pending Reexamination Is Justified as Plaintiffs Can No Longer Show Prejudice: Wyeth v. Abbott Laboratories
- 2012.02.15: Court Grows Tired of Apple and Samsung's Repeated Motions to Shorten Time: Apple v. Samsung
- 2012.02.13: Owner of 9-1-1 Network's Motion to Compel Supplemental Infringement Contentions Denied
- 2012.02.10: The Battle Over Android, Oracle v. Google: Google Is Ordered to "Stand and Deliver" or Withdraw Its Patent Marking Defense
- 2012.02.08: Inventor's Toy Glider Infringement Action Crashes to the Ground When Plaintiff Fails to Refute Evidence on Summary Judgment
- 2012.02.06: Judge Posner Grants Motorola's Summary Judgment Motion of Non-Infringement for Android: Apple v. Motorola
- 2012.02.03: Court Orders Depositions in Taiwan to Overcome Procedural Obstacles in Japan
- 2012.02.01: Taser's Contempt Motion Denied Where Colorable Differences Existed Between Infringing Product and Newly Accused Product
- 2012.01.30: The Battle over Android, Oracle v. Google: Court Allows Third Chance for Oracle's Damage Expert to Take a Bite out of Google But Makes Oracle Pay for the Chance
- 2012.01.27: Court Sinks Two Moms and a Toy's Attempt to Modify Expert Schedule in Patent Battle over Bath Toy
- 2012.01.25: Microsoft and Google Strike Back: Declaratory Judgment Action Remains in Delaware Even Though Defendant Had Sued 450 Microsoft and Google Customers in Texas
- 2012.01.24: Court Allows Deposition of Trial Counsel Over His Pre-Filing Investigation
- 2012.01.23: Motion to Dismiss Granted Where Complaint Failed to Allege That One Party Performed Each Step of Method Claim
- 2012.01.21: Verizon's Inequitable Conduct Defense Survives Challenge
- 2012.01.20: The Battle over Android: Google Succeeds in Striking Oracle's Damage Expert for Conducting a Patent-By-Patent Analysis Instead of a Claim-By-Claim Analysis
- 2012.01.18: Motion to Dismiss Denied Where Claim for Joint Infringement Was Not At Issue in Complaint
- 2012.01.17: President Obama's University Technology Transfer Initiative
- 2012.01.16: Downstream Distributors' Request for Stay of Litigation Denied Where Stay Would Interfere with Plaintiff's Ability to Effectively Litigate
- 2012.01.13: Lost Profits Claim Dismissed Where Plaintiff Did Not Provide Sufficient Evidence to Support the Entire Market Value Rule in Opposing Summary Judgment
- 2012.01.11: Defense Attorneys Disqualified for Hiring Plaintiffs' Trial Technician from a Previous Case Involving the Same Patents
- 2012.01.09: The District of Massachusetts Recognizes the Need For More Courtroom and Trial Experience for Relatively Inexperienced Attorneys
- 2012.01.06: Court Grants TiVo's Motion to Compel Clawed Back E-Mail and Sanctions Defendant AT&T For Failing to Justify That E-Mail Was Privileged
- 2012.01.05: District Court Holds "It is an Abuse of Discretion to Permit a Witness to Testify as an Expert on the Issue of Non-infringement or Invalidity Unless that Witness is Qualified as an Expert in the Pertinent Art"
- 2012.01.04: Motion to Lift Stay Pending Inter Partes Reexamination Denied Where Reexamination Was Not Complete
- 2012.01.02: Plaintiff's Motion for Summary Judgment of No Inequitable Conduct Granted Where Merely Failing to Provide References Insufficient to Establish Specific Intent to Deceive Patent and Trademark Office
- 2011.12.30: Multidistrict Panel Transfers Patent Cases Pending in District Courts in Texas and Delaware to the District of Maryland Even Though No Cases Were Pending in Maryland
- 2011.12.28: Paying for Reduction to Practice of an Invention Does Not Make One a Co-Inventor of the Invention
- 2011.12.27: Whether To Stay A District Court Patent Infringement Action In Light Of A Reexamination Depends On "The Totality Of The Circumstances"
- 2011.12.26: Multidistrict Panel Denies Transfer in Patent Infringement Action Involving Multiple Defendants and Patents in Different District Courts
- 2011.12.23: L.L. Bean Wins Motion to Sever and Transfer Where Plaintiff's "Lame" Response That All Accused Products Were Similar Is Insufficient to Establish Proper Joinder
- 2011.12.21: Anonymous Letter Enough to Establish Jurisdiction for Declaratory Judgment Action
- 2011.12.20: District Court Disqualifies Entire Firm Because An Attorney At The Firm Was The Named Inventor On The Asserted Patents
- 2011.12.19: Multidistrict Litigation: The Future of Multi-Defendant Cases After the America Invents Act?
- 2011.12.16: Google Again Moves to Strike Part of Oracle's Damage Claim in the Battle over Android
- 2011.12.14: Implied Waiver of Attorney-Client Privilege Extends to Trial Counsel Who Consulted with Patent Prosecutor
- 2011.12.13: Willful Infringement: Failure To Obtain An Injunction Is Not A Per Se Bar
- 2011.12.12: Hot Potato: Case Is Transferred from Florida to California and Then Back to Florida
- 2011.12.09: Motion to Compel Financial Records for Products Shipped Outside of the United States Denied Where Such Sales Did Not Fall within Section 271 of the Patent Act
- 2011.12.08: Complaint Survives Motion to Dismiss Based on Facts Outside the Complaint
- 2011.12.07: Permanent Injunction Granted Against Verizon's Video on Demand Service Even Though Plaintiff Was Not a Direct Competitor
- 2011.12.06: Vague Invalidity Contentions Fail To Satisfy Northern District Of California Patent Local Rules
- 2011.12.05: New Trial on Damages Ordered Where Expert's Reliance on 25% Rule Was Inappropriate in Light of Uniloc and Availability of Non-Infringing Substitute Was Not Considered
- 2011.12.02: Apple Seeks Order Preventing Samsung's Attorney from Participating in Further Depositions on Charges That Attorney Did Not Practice with Honesty, Care and Decorum
- 2011.11.30: Leave of Court Required Before Summary Judgment Motion Can Be Filed Denied Where "Look and Feel" of a Website Was Not Indefinite
- 2011.11.29: Does Patent Assignment Waive Attorney Client Privilege? District Court Holds "Yes"
- 2011.11.28: Brand New Expert on Reply Precluded as Litigation Maneuver as Google's Motion to Strike Oracle's Expert Is Granted
- 2011.11.25: Lucent's Damages Against Microsoft Keep Getting Smaller as $70 Million Is Reduced to $26 Million
- 2011.11.24: Plaintiff Gives Thanks That Texas Court Denied Prevailing Defendants Their Attorneys' Fees Despite Plaintiff's Claim Construction and Infringement Theories That "Stretch[ed] the Bounds of Reasonableness"
- 2011.11.23: Motion to Stay Based on Customer Suit Exception Denied as Premature Where Infringement Contentions Had Not Yet Been Served
- 2011.11.21: The Battle Over Android: Oracle and Google Experts Differ by Billions on Damages So Court Appoints Its Own Expert
- 2011.11.18: After Six Years, Stay Pending Reexamination Is Lifted As the Life of the Patents Is Nearly Extinguished
- 2011.11.16: Failure to Disclose Expert on Timely Basis Justifies Exclusion Before Markman Hearing
- 2011.11.15: CAFC Holds "Objective Prong" Of Willful Infringement Analysis Can Be Both A Question Of Law And Fact
- 2011.11.14: Customers Severed in Multi-Defendant Litigation and Case Against Suppliers Transferred
- 2011.11.11: Facebook's Motion to Stay Pending Reexamination Denied Where Plaintiff Showed It Would Suffer Undue Prejudice
- 2011.11.09: HP's "Stunning" and "Arrogant" Restrictions on Plaintiff's Expert Denied Where HP Sought to Preclude Expert from Working in Similar Field or Against HP for Several Years After Trial
- 2011.11.08: Means Plus Function Claims: CAFC Holds Structure Sufficient Where Specification Recites Algorithm In Prose
- 2011.11.07: Expert Survives Challenge to Methodology Where Report Contained Opinions That Plaintiff's Licenses Would Raise Prices by Excluding Competitors
- 2011.11.04: Recommendation to Deny Transfer Motion Where Private and Public Interest Factors Were Neutral and Therefore Defendants Did not Meet Burden to Show Proposed District Was More Convenient Than Eastern District of Texas
- 2011.11.02: Defendants Precluded From Introducing Evidence of Their Own Scientists Work to Apportion and Decrease Damages
- 2011.10.31: Defendants Proximity to Delaware Leads to Transfer Out of the Eastern District of Texas
- 2011.10.28: Continuing Infringement Justifies Award of Supplemental Damages
- 2011.10.27: PATENT FALSE MARKING AND THE AMERICA INVENTS ACT
- 2011.10.26: Bounced Check Almost Leads to the Abandonment of a Patent
- 2011.10.25: Permanent Injunctions: CAFC Holds Presumption Of Irreparable Harm Dead Once And For All
- 2011.10.24: Sanctions Awarded Against Teva Pharmaceuticals for Continuing to Press Inequitable Conduct Defense and Counterclaim After Therasense
- 2011.10.19: The Battle Over Android Continues: Google Succeeds in Striking Part of Oracle's Expert Report
- 2011.10.19: Failure to Offer Evidence of Acceptable Non-Infringing Alternatives in Summary Judgment Precludes Later Offer at Trial
- 2011.10.17: Google's Proxy War with Apple Continues as Google Backs HTC
- 2011.10.13: CAFC Shoots Holes In Gun Patent For Failing To Meet Written Description Requirement
- 2011.10.12: Doubling of Ongoing Royalty Rate Justified by Taiwan Company's CEO's Comments to the Press
- 2011.10.12: Inducing Infringement Claims Dismissed Where Plaintiff Failed to Allege Intentional Inducement
- 2011.10.10: Apple and Samsung Preliminary Injunction Battle Heats Up As Court Rules on Discovery Dispute
- 2011.10.07: Patent Exhaustion Leads to Dismissal of Video Compression Patents Alleged Against Certain DirecTV Products
- 2011.10.06: CAFC Holds Case Or Controversy Exists Based On Dispute Over Scope Of Patent License
- 2011.10.05: Methods Claims for E-Mail Processing Survive a Challenge to Patentability Under Bilski
- 2011.10.04: Despite Therasense's Heightened Standard, Another Inequitable Conduct Claim Survives Summary Judgment
- 2011.10.03: Mark Your Products/Packaging or Lose Your Past Damages
- 2011.09.30: Multiple Defendants Dismissed Based on Improper Joinder
- 2011.09.28: Inequitable Conduct Claim Survives Motion to Dismiss Because Allegations Permitted a Plausible Inference of Intent to Deceive
- 2011.09.27: Is "The 25 Percent Rule" Still Alive After Uniloc?
- 2011.09.26: Did Plaintiff's Counsel Violate the Golden Rule Justifying a New Trial? Court Says No Based on a "--"
- 2011.09.23: TiVo Raises Claims of Inequitable Conduct That Survive Dismissal
- 2011.09.21: Direct and Indirect Infringement Contentions Survive Motion to Dismiss Where Defendants' Customers Are Identified as Direct Infringers
- 2011.09.20: Life After Bilski: Is It Time To Bet On Business Method Patents Again?
- 2011.09.19: Another Inequitable Counterclaim Dismissed after Therasense
- 2011.09.16: Court Allows Discovery Directed to Inequitable Conduct Defense Even After the Discovery Cut-Off
- 2011.09.15: Hurricane Shooters Defendant Toasts Court's Ruling That Its Section 102(g) Prior Invention Defense Survives Summary Judgment
- 2011.09.14: Twenty Percent Royalty Rate Appropriate Where Plaintiff Was Highly Unlikely to License Its Patent to Defendant, a Direct Competitor
- 2011.09.13: Infringement Contentions Must Meet "Reverse Engineering" Standard
- 2011.09.12: Oracle and Google Edge Closer to Trial and the District Court Denies Google's Objection to Pool of Jurors
- 2011.09.09: Failing to Produce Documents and False Declarations Lead to Monetary Sanctions and Evidentiary Sanctions Precluding Defendants from Contradicting Plaintiffs' Experts on Issues of Infringement, Sales and Profits
- 2011.09.07: Motion to Compel Granted Over Defendant's Request to Limit Scope of Search for Electronically Stored Information Because Search and Review Would Cost $1 Million
- 2011.09.06: Is A 50,000 Page Expert Report "TMI"? California Court Says "No"
- 2011.09.05: Another Inequitable Conduct Defense Bites the Dust after Thereasense
- 2011.09.02: Avoiding Means-Plus-Function in the Up and Down World of Elevators
- 2011.09.01: Buyer Beware: Plaintiff Cannot Manufacture Specific Jurisdiction By Purchasing An Infringing Product
- 2011.08.31: Motion for Ongoing Royalty Denied Where Jury Awarded Lump Sum in Verdict
- 2011.08.30: Wisconsin Court: Absent Unusual Circumstances, Patent Complaint Must Include Identification of Asserted Claims and Accused Product
- 2011.08.29: Even After Therasense a Defense of Inequitable Conduct Survives Summary Judgment
- 2011.08.26: Terminal Disclaimer Renders Patent Unenforceable
- 2011.08.25: Central District of California Court Holds That The Absence of Pinpoint Citations to Source Code In Plaintiff's Infringement Contentions Does Not Bar Deposition Over Source Code
- 2011.08.24: Medical Method Claims for Detecting Down Syndrome Is Patentable Under Bilski But Rendered Anticipated and Obvious by the Prior Art
- 2011.08.22: Contempt Motion Granted Where Defendant Offered to Sell Its Infringing Product After Entry of a Permanent Injunction
- 2011.08.19: Transfer Motion Denied Even Where Defendants Consent to Jurisdiction in the Proposed Transferee District
- 2011.08.18: The Federal Circuit's Therasense Decision Is Having Its Intended Effect Of Reigning In Inequitable Conduct Claims
- 2011.08.17: Sanctions Granted for Repeated Discovery Misconduct and Attorneys' Fees Awarded for Counsel's Fabricated E-Mail
- 2011.08.16: Judge Sparks Tries To Light A Fire Under The PTO
- 2011.08.15: Plaintiff's Discovery Misconduct Leads To Award of $800,000 in Attorneys' Fees
- 2011.08.13: Avoiding A Motion To Dismiss: Complying With Rule 84 And Form 18 May Not Be Enough
- 2011.08.12: Delaware District Court Denies Production of Documents Pertaining to Third-Party Licensing Company Holding That the Documents Are Protected by the Common Interest Privilege
- 2011.08.10: Another Motion to Transfer Denied in Delaware Even Where Plaintiff, Defendant and Witnesses Are Located in California
- 2011.08.09: Retirement of Texas Judges Leads to Transfer Out of Texas
- 2011.08.08: Court Orders Production of Sales Evaluation Files for Products Accused of Infringement
- 2011.08.05: Failure to Mark with Patent Numbers Limits Pre-Suit Filing Damages
- 2011.08.03: Motion for Partial Summary Judgment of Invalidity Denied Where Means-Plus-Function Limitations Were Definite
- 2011.08.01: Google CEO Ordered to Testify in Patent Dispute with Oracle
- 2011.07.29: Delaware District Court Grants Motion to Transfer Even Though Transferee Court Did Not Have Personal Jurisdiction over the Plaintiff
- 2011.07.27: Delaware District Court Stays Patent Lawsuit Pending Reexamination in the Patent and Trademark Office
- 2011.07.25: Transfer Motion Denied Where Defendants Did Not Show That Case Could Have Been Filed in Proposed Transferee Jurisdiction
- 2011.07.22: Dismissal of Indirect and Joint Infringement Appropriate Where Plaintiff Failed to Plead Sufficient Facts to Establish Knowledge and Control or Direction
- 2011.07.21: Trial By Ambush Not Tolerated In Texas
- 2011.07.20: Motion to Dismiss Denied Under Bilski Where Plaintiff Contended That a Computer Programmed in a Particular Way Was the Invention Itself
- 2011.07.18: Damage Experts' Opinions Excluded Where Experts Did Not Establish Link Between License and the Patent-In-Suit
- 2011.07.15: First-Filed Declaratory Judgment Action Dismissed in California Where Florida Court Was Already Familiar with Patents-in-Suit
- 2011.07.13: Review Your Assignment Agreements Now -- United States Supreme Court Re-Affirms that Inventors Own Their Inventions
- 2011.07.12: Hynix v. Rambus: The New "Flexible" Spoliation Standard
- 2011.07.11: Patent Infringement Action Dismissed for Lack of Personal Jurisdiction Where Patent Infringement Claims Did Not Arise Out of Negotiations for a License
- 2011.07.08: Motion to Compel Granted Where Infringement Contentions Were Inadequate to Put Defendant on Notice of Infringement
- 2011.07.06: Summary Judgment on Indefiniteness Denied Where Claims Reciting Term of "Engine for" Was Not a Means-Plus-Function Term
- 2011.07.05: Merely Stating That Testing of Potentially Infringing Products Is Expensive Is Not Good Cause To Amend Infringement Contentions Under Northern District of California's Patent Rules
- 2011.07.04: Inequitable Conduct Defense Dismissed for Failure to Plead Sufficient Facts
- 2011.07.01: Plaintiff's Expert Precluded from Testifying on Entire Market Value Rule Where Basis for Consumer Demand Was Not Shown
- 2011.06.30: Delaware Court Again Rules That A Corporate Entity's State of Incorporation in Delaware Weighs Heavily Against Transferring Out of Delaware
- 2011.06.29: Complete Source Code Production Ordered for Deposition
- 2011.06.27: Incorporation in Delaware Leads to Denial of Motion to Transfer
- 2011.06.24: Therasense v. Becton: Federal Circuit Reigns In Inequitable Conduct Standard
- 2011.06.24: Expert Survives Daubert Challenge on Entire Market Value Theory
- 2011.06.22: Equitable Estoppel -- Silence May Preclude Enforcement
- 2011.06.20: Applying Therasense Court Denies Defense Motion of Inequitable Conduct
- 2011.06.17: Source Code Review -- What Must a Defendant Provide During the Review?
- 2011.06.15: Divided Infringement Leads to a Finding of No Infringement
- 2011.06.14: Patent False Marking Claims Prove Largely To Be A Nuisance
- 2011.06.13: Microsoft Loses Clear and Convincing Evidence Challenge to Validity of Patents
- 2011.06.10: Patent for Insurance Claim Processing Held Invalid Under Bilski
- 2011.06.08: The Person of Ordinary Skill in the Art May Not Save your Patent
- 2011.06.06: Discovery Regarding Future Products Denied Despite Argument of Accelerated Market Entry
- 2011.06.03: Scheduling Orders in Multi-Defendant Litigation - Another Decision
- 2011.06.01: Challenge the Written Description--Or Lose Your Patent
- 2011.05.30: Glory Licensing LLC v. Toys "R" Us, Inc.: The Machine-or-Transformation Test Is Not Satisfied
- 2011.05.27: Vertical Computer Systems, Inc. v. Interwoven, Inc.: A Transfer in Part
- 2011.05.25: Continuations, Parents and Loss of Priority
- 2011.05.23: Waiver of Attorney-Client Privilege
- 2011.05.20: Another Defendant is Sanctioned for Failing to Provide Discovery
- 2011.05.18: Consumer Surveys in Patent Cases
- 2011.05.16: Failing to Name All Inventors May Mean the End of Your Patent
- 2011.05.13: Sanctions for Failure to Comply with Discovery Obligations
- 2011.05.11: Recapture and Reissue - Recent Developments in the Federal Circuit
- 2011.05.09: Another Court Severs Multiple Defendants - Interval Licensing LLC v. Apple Inc.
- 2011.05.06: Declaratory Judgment Jurisdiction, A Curious Decision in the Federal Circuit
- 2011.05.06: Multiple Defendants, Misjoinder and Severance in District Court News
- 2011.05.02: Your Assignment Agreements May Be Outdated -- Take Action Now
- 2011.04.29: Selling Disabled Software Code Is Not Direct Infringement - Mikkelsen Graphic Engineering, Inc. v. Zund America, Inc.
- 2011.04.27: The En Banc Court Changes Infringement Analysis for Contempt Hearings
- 2011.04.25: Do Not Overlook Community Property Laws When Acquiring Patents and Other Intellectual Property
- 2011.04.22: Johnson & Johnson Hit with $482 Million Verdict Plus $111 Million in Prejudgment Interest in District Court News
- 2011.04.20: Non-Infringement of Method Claims in McKesson Technologies Inc. v. Epic Systems. Corp.
- 2011.04.18: Protect Your Intellectual Property: Draft Employment Agreements Carefully
- 2011.04.13: Mirror Worlds Loses a $625 Million Judgement Against Apple
- 2011.04.11: The Written Description Requirement in Crown Packaging v. Ball Metal
- 2011.04.04: Taxes - An Overlooked But Important Consideration for Inventors and Patent Owners
