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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 "patent":
The disclosure requirements that will meet the written description requirement of s. 112(1) had a fairly mundane priority policing role prior to the expansion of the... Read More »
Earlier this month, we released our 2nd Annual Patent Prosecution Intelligence Report where we ranked the top patent firms based on their activity and performance... Read More »
In early March we released our 2nd Annual Patent Prosecution Intelligence Report, where we evaluated more than 3,500 patent firms over the last five years (Jan 1... Read More »
In Galderma Labs. v. Teva Pharm. USA, Inc., Appeal Nos. 2019-2396 and 2020-1213 (Fed. Cir,. January 29, 2020), a Fed. Cir. panel of Judges Moore, O’Malley and... Read More »
Federal Gov’t & Federal Contractors in the Court of Federal Claims – A Legal Relationship? Federal government contractors are protected from... Read More »
The number of U.S. issued patents from 2014 to 2018 grew by 3.6%. In 2014, the U.S. patent office granted a total of 326,038 patents. This number grew to 337,699 in... Read More »
A bill was recently proposed to “reduce the improper issuance of patents that improperly extend the term of exclusivity afforded a new drug or biological... Read More »
Last year, in a lengthy split decision, a Fed. Cir. panel affirmed the district court’s ruling that four “add-on” patents that Acorda owned were... Read More »
A few weeks ago, we published the top five fastest growing patent firms. We also talked about the challenges the sector is facing and some of the concerns of law... Read More »
Pre-AIA, 35 USC 102(b) stated that a person is entitled to a patent unless “the invention was patented or described in a printed publication… or in... Read More »
UCB v. Accord, Appeal no. 2016-2610 et al. (Fed. Cir., May 23, 2018) may be headed to the Supreme Court, which prompted me to take another look at this opinion. This... Read More »
BioArctic AB, a public Swedish biopharma company, recently announced that they received allowance of a patent application directed to a method of promoting axonal... Read More »
The World Intellectual Property Organization recently released its 2017 IP report entitled “Intangible Capital in Global Value Chains.” The report... Read More »
Inter-Partes Review (IPR) is known as an effective, relatively low cost (compared to district court litigation) and quick method used by defendants as a defense... Read More »
Inter-Partes Review (IPR) has become an integral part of patent defense strategy. However, our analysis of IPR institution rate shows that it has steadily been... Read More »
Written by Peter E. Heuser, Schwabe, Williamson & Wyatt, P.C. The Circuit affirms the decision in Secured Mail v. Universal to dismiss an infringement case... Read More »
In Amgen, Inc. v. Sanofi, Appeal no. 2017-1480 (Fed. Cir., Oct. 5, 2017) the Fed. Cir. panel reversed the district court’s finding that Amgen antibody patents... Read More »
In the first nine months of 2017, we saw a continued decline in patent litigation. District court litigation was down 15 percent to 2,921, compared to 3,418 in the... 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 Peter E. Heuser, Schwabe, Williamson & Wyatt, P.C. In almost 150 pages and five separate opinions, a majority of an en banc Circuit remands to the... Read More »
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