Tag Archives: patent litigation

Substance Over Form — When a Quote May Constitute a Commercial Offer for Sale

By Tayan Patel on February 22, 2022 Posted in Patents

Recently the Federal Circuit reversed a district court’s grant of summary judgment of no invalidity of a design patent under the on-sale bar provision of 35 U.S.C. § 102. Junker v. Medical Components, Inc., No. 2021-1649 (Fed. Cir. Feb. 10, 2022). The Federal Circuit agreed with defendants-appellants (collectively, MedComp) that a pre-critical date letter, i.e., … Continue Reading

Federal Circuit Takes Judicial Notice of Wayback Machine Evidence of Prior Art

By Andrew Samuels on August 31, 2021 Posted in Patents

In its Aug. 17 decision in Valve Corporation v. Ironburg Inventions Ltd., the Federal Circuit appears to have cleared the way for district courts to take judicial notice of Wayback Machine captures as evidence of prior-art printed publications. As many readers of this blog will know, the Wayback Machine is an online digital archive of … Continue Reading

2020 Patent Litigation: Year in Review

By Derek Freitas on March 24, 2021 Posted in Patent

2020 was a year of turmoil and unexpected events. While many businesses struggled throughout the year, patent litigation experienced an uptick across the board. According to Docket Navigator, 2020 was the first year to see an increase in the total annual number of patent cases since 2015.[1] Compared to 2018 and 2019, this past year … Continue Reading

‘Something of an Experiment’: District of Delaware Prepares for Socially Distanced Patent Trial Tentatively Set for August 2020

By Andrew Samuels on July 6, 2020 Posted in Patents

In an earlier blog post, we commented on how the COVID-19 pandemic has affected and may continue to affect patent litigation. A recent order from one of the country’s busiest patent courts, the District of Delaware, reflects the ways in which the pandemic may affect patent trial practice. On July 2, in Sunoco Partners v. … Continue Reading

Patent-demic: How COVID-19 Has Affected Patent Litigation

By Harrison Rose on June 18, 2020 Posted in Patent

As it has almost every industry and business around the world, the COVID-19 pandemic has altered the practice of law. While these unprecedented times present myriad problems, patent attorneys are among the best equipped to adapt and embrace the changes. Because of the global nature of patent law, which often necessitates regular travel to appear … Continue Reading

Something on Which Even Patent Litigators Can Agree: McRO v. Bandai, Inc. Clarifies the Framework for Enablement Challenges and for Enablement Defenses

By Aaron Rabinowitz on June 1, 2020 Posted in Patent

In McRO, Inc. v. Bandai Namco, Inc. et al., No. 2019-1557, __ F.3d __ (Fed. Cir. May 20, 2020), the Federal Circuit reversed a judgment of invalidity and in doing so provided needed clarity concerning the application of the enablement requirement. This guidance is useful to patent owners and patent challengers, as the decision explains … Continue Reading

The Federal Circuit Invalidates a Patent for Failure to Describe the Accused Product

By Allen Sokal on May 31, 2017 Posted in Patent

In Rivera v. International Trade Commission, Appeal No. 2016-1841 (Fed. Cir. May 23, 2017), the Federal Circuit affirmed the ITC’s decision invalidating Rivera’s patent under the written description requirement of 35 U.S.C. § 112. The opinion provides important lessons for those who draft and prosecute patent applications and also those who attempt to enforce them. Indeed, … Continue Reading

High Court Relaxes Standards for Enhanced Damages in District Court Patent Litigation

By Brian Saunders on June 16, 2016 Posted in Federal Circuit, Patent

On June 13, 2016, in a much-anticipated joint holding in Halo/Stryker, [1] the Supreme Court unanimously overturned the Federal Circuit’s rigid test for willful infringement under Seagate and conferred discretion on district courts, “narrowed” by nearly 200 years of judicial practice, to award enhanced damages to patent owners under 35 U.S.C. § 284 for “egregious … Continue Reading

Federal Circuit Upholds Inequitable Conduct Ruling in Ohio Willow Wood Company

By Joshua Branson on March 14, 2016 Posted in Federal Circuit, Patent

In the latest iteration of Ohio Willow Wood Company[1] (OWW), the Federal Circuit upheld a district court ruling of inequitable conduct against OWW despite the presence of a litigation screen. The Federal Circuit had affirmed summary judgment on invalidity, reversed a summary judgment ruling of no inequitable conduct, and remanded the case to the Southern … Continue Reading