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Patterns of Vexatious Litigation Are a Relevant Consideration in Awarding Attorney's Fees in Patent Infringement Cases

ELECTRONIC COMMUNICATION TECHNOLOGIES, LLC V. SHOPPERSCHOICE.COM, LLC Before PROST, DYK, and WALLACH. Appeal from the United States District Court for the Southern District of...

Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK adidas AG v. Nike, Inc., Appeal Nos. 2019-1787, -1788 (Fed. Cir. June 25, 2020) This week’s case of the week deals with issues relating to obviousness and...

No Specific Threat of Infringement Litigation Needed to Establish Standing for IPR Appeal

ADIDAS AG v. NIKE, INC. Before Moore, Taranto, and Chen.  Appeal from the Patent Trial and Appeal Board. Summary:  A patent challenger can establish standing to appeal a...

Feed tagged as "hatch-waxman":
Running a profitable patent prosecution practice has become more challenging in recent years. The recession triggered by the current pandemic is going to make this... Read More »
BIOGEN INTERNATIONAL GMBH v. BANNER LIFE SCIENCES LLC Before Lourie, Moore, and Chen.  Appeal from the U.S. District Court for the District of Delaware... Read More »
BTG INTERNATIONAL LIMITED v. AMNEAL PHARMACEUTICALS LLC Before Wallach, Moore, and Chen.  Consolidated appeals from the Patent Trial and Appeal Board and the ... Read More »
Senator Orrin Hatch (R-UT) recently introduced a bill titled the “Hatch-Waxman Integrity Act of 2018” (HWIA).  Sen. Hatch suggests that the HWIA will ... Read More »
Federal Circuit Summary Before Lourie, Dyk, and Taranto. Appeal from the  District Court for the District of Delaware. Summary:  A passing reference ... Read More »
Federal Circuit Summary Before Prost, Lourie and Hughes. Appeal from the United States District Court for the District of Delaware. Summary:  When... Read More »
Although non-precedential, Aptalis Pharmatech, Inc. v. Apotex, Inc., Appeal No. 2017-1344 (Fed. Cir., January 4, 2018) provides a useful outline of Phillips-type... Read More »
Written by Jane Xia, Brenden S. Gingrich, Ph.D., and Joseph Reisman, Ph.D. The U.S. District Court for the District of Delaware recently handed down two important ... Read More »
Written by Dan Hart, Ph.D. and Jeffrey Wu, Ph.D.  I. Overview The Supreme Court recently declined to hear several patent cases, thus leaving the... Read More »
As you will recall, in Prometheus v. Mayo, the Supreme Court held that a claim reciting a natural law had to have other non-conventional steps to pass muster under s. ... Read More »