Tag Archives: patent

Patent Watch: Taurus IP, LLC v. DaimlerChrysler Corp.

While an adverse claim construction generally cannot, alone, form the basis for an exceptional case finding, [a] party cannot assert baseless infringement claims and must continually assess the soundness of pending infringement claims, especially after an adverse claim construction. On August 9, 2013, in Taurus IP, LLC v. DaimlerChrysler Corp., the U.S. Court of Appeals … Continue Reading

Patent Watch: Rembrandt Vision Techs., Inc. v. Johnson & Johnson Vision Care, Inc.

An expert witness may not testify to subject matter beyond the scope of the witness’s expert report unless the failure to include that information in the report was “substantially justified or harmless.” On August 7, 2013, in Rembrandt Vision Techs., Inc. v. Johnson & Johnson Vision Care, Inc., the U.S. Court of Appeals for the … Continue Reading

Federal Trade Commission v. Actavis, Inc. et al. – Supreme Court Holds Reverse Payment Settlement Agreements to be Analyzed under “Rule of Reason” Approach

On June 17, 2013, the Supreme Court of the United States ruled 5-3 in favor of the Federal Trade Commission and issued its long-awaited decision in Federal Trade Commission v. Actavis, Inc. et al. 570 U.S. __ (2013), Slip Op.  In Actavis, the majority opinion held that “reverse payment” or “pay for delay” settlement agreements … Continue Reading

Patent Watch: Organic Seed Growers & Trade Ass’n v. Monsanto Co.

“[Where the court relies on a patent holder’s] representations to defeat [jurisdiction over the declaratory judgment claims], those representations are binding as a matter of judicial estoppel [even in the absence of a covenant not to sue].” On June 10, 2013, in Organic Seed Growers & Trade Ass’n v. Monsanto Co., the U.S. Court of … Continue Reading

Patent Troll Receives Push Back

Over the past eight months, thousands of businesses across the United States received the same five-page letter from “The Licensing Team” of any one of 40 shell companies affiliated with MPHJ Technology Investments, LLC: “We are the licensing agent for certain U.S. patents listed below. We have identified your company as one that appears to … Continue Reading
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