Foreign Patent Owners Safe From Declaratory Judgment
In a decision that is simply painful to read, the United States Court of Appeals for the Federal Circuit yesterday decided in Autogenomics v. Oxford Gene Technology that a foreign patent owner cannot...
View ArticleRule 11 Sanctions + Exceptional Case = Bad Day for Patent Troll
In a 52 page opinion Judge Means found the case an exceptional case for purposes of awarding attorneys fees under 35 USC 285, found that Rule 11 sanctions were appropriate and fined the attorneys...
View ArticleSupreme Court Will Examine Patent Licensee’s Burden of Proof for Declaratory...
The Supreme Court on May 20, 2013, agreed to review a Federal Circuit decision that a patent licensee bears the burden of proof in its action for a declaratory judgment of noninfringement where the...
View ArticleIrrational Fear of Monsanto Does Not Support DJ
In order to fabricate a case or controversy where clearly none existed, the farmers — AFTER filing the declaratory judgment action — sent Monsanto a letter, which asked Monsanto to expressly waive any...
View ArticleSupreme Court Hears Argument on Burden of Proof for DJ Plaintiff
The Supreme Court on November 5, 2013, heard oral argument on whether the burden of proof in an action for a declaratory judgment of non-infringement falls on the plaintiff licensee or on the defendant...
View ArticleUnderstanding Court, PTAB Interplay Key in Today’s Patent Litigation Environment
The PTAB has seen more than triple the number of inter partes review (IPR) petitions—now the preferred way for a company accused of infringement in court to challenge a patent’s validity—than it...
View ArticleReal-Life Star Trek Battle of Axanar Is Heating Up
A copyright infringement battle of intergalactic proportions between Plaintiffs CBS and Paramount Pictures, and the company (along with its principal Alec Peters) looking to produce the crowdfunded...
View ArticleFederal Reserve Banks file for declaratory judgment in patent case
Once the Federal Reserve Bank of Atlanta declined to take a license, Bozeman informed them that he believed they were infringing on his two patents... The complaint sets forth two claims for relief:...
View ArticleSending cease-and-desist letters and conducting licensing negotiations enough...
Non-practicing entities are especially likely to be subject to personal jurisdiction because the nature of their business involves asserting and litigating patent rights in foreign courts. This is...
View ArticleCostco v. Acushnet: Costco’s Preemptive Strike Sets Tone for Litigation
Tensions between Costco Wholesale Corporation (“Costco”) and Acushnet Holdings Corp. (“Acushnet”), maker of the Titleist golf ball, have risen since Costco escalated matters last Friday by filing suit...
View ArticleEnd of Laches Might Increase Declaratory Judgment Actions
Without laches, accused infringers might more frequently invoke declaratory judgment to clear their products and services upfront rather than tolerate a looming threat of suit for years.... The Supreme...
View ArticleVenue Options for Patent Owners After TC Heartland and In re Cray
With venue for patent infringement actions under § 1400(b) narrowed after TC Heartland and In re Cray, patent owners could use declaratory judgment (DJ) actions to secure their desired venue because...
View ArticleLitigants May Not Use a DJ to Obtain Piecemeal Adjudication
The Federal circuit heard the case on AbbVie Inc. v. MedImmune Ltd. AbbVie and MedImmune entered a development and licensing agreement in 1995. The agreement stemmed from a research collaboration...
View ArticleCraft Beer vs. Big Beer Trademark Suit May Test 9th Circuit’s ‘Irreparable...
A resounding en garde was declared by California craft beer brand Stone to MillerCoors, the second largest beer company in the United States, over the alleged taking of their brand recognition. On...
View ArticleCAFC Affirms Invalidation of Water Recreation Device Patent Over Newman Dissent
In Zup v. Nash Manufacturing, ZUP filed suit, alleging contributory infringement and induced infringement of the patent-at-issue, trade secret misappropriation under Virginia law, and breach of...
View ArticleEquitable Considerations Warranted Departure from First-To-File Rule
The United States Court of Appeals for the Federal Circuit recently ruled on an appeal regarding a Pennsylvania district court’s decision to decline jurisdiction over a first filed declaratory judgment...
View ArticleRule 11 Sanctions + Exceptional Case = Bad Day for Patent Troll
In a 52 page opinion Judge Means found the case an exceptional case for purposes of awarding attorneys fees under 35 USC 285, found that Rule 11 sanctions were appropriate and fined the attorneys...
View ArticleSupreme Court Will Examine Patent Licensee’s Burden of Proof for Declaratory...
The Supreme Court on May 20, 2013, agreed to review a Federal Circuit decision that a patent licensee bears the burden of proof in its action for a declaratory judgment of noninfringement where the...
View ArticleIrrational Fear of Monsanto Does Not Support DJ
In order to fabricate a case or controversy where clearly none existed, the farmers — AFTER filing the declaratory judgment action — sent Monsanto a letter, which asked Monsanto to expressly waive any...
View ArticleCAFC Affirms District Court Dismissal of Declaratory Judgment Under Doctrine...
On October 14, the United States Court of Appeals for the Federal Circuit (CAFC), in Warsaw Orthopedic, Inc. v. Sasso, affirmed a decision of a district court dismissing Medtronic’s declaratory...
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