Patent Law Weblog
Category: Damages
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By Michael Borella — Background Cellspin sued Fitbit and thirteen other defendants in the Northern District of California alleging infringement of U.S. Patent Nos. 8,738,794, 8,892,752, 9,749,847, and 9,258,698. The defendants filed a motion to dismiss, alleging invalidity of the patents under 35 U.S.C. § 101. As an example of one of the asserted claims, claim…
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By Kevin E. Noonan and George "Trey" Lyons, III — On Friday, the Supreme Court reversed the judgment of the Federal Circuit in WesternGeco LLC v. ION Geophysical Corp. Justice Thomas (joined by Chief Justice Roberts and Justices Kennedy, Ginsburg, Alito, Sotomayor, and Kagan) held that, based on the "focus" of 35 U.S.C. § 284…
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 11th annual list of top patent stories. For 2017, we identified nineteen stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…
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Damned if you do . . . By Kevin E. Noonan – Great cases like hard cases make bad law. For great cases are called great, not by reason of their importance . . . but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment. Northern Securities Co.…
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By Kevin E. Noonan – As patent practitioners learned to their chagrin in the AMP v. Myriad Genetics case, sometimes broader Constitutional issues arise even in patent law. This is also true of matters relating to the Bill of Rights; for example, the last time the Seventh Amendment was considered in the patent context was Markman…
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By Josh Rich — Patent applicants dissatisfied with final outcome of patent prosecution proceedings have long had two options for court review of a Patent and Trademark Appeal Board decision: an appeal to the Federal Circuit under 35 U.S.C. § 141 or a civil action in the Eastern District of Virginia under 35 U.S.C. §…
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District Court Overrules Defendants' Objections to Magistrate's Report on Lost Profits By Donald Zuhn — Earlier this month, in GlaxoSmithKline LLC v. Glenmark Pharmaceuticals Inc., U.S. District Judge Leonard P. Stark of the U.S. District Court for the District of Delaware issued a Memorandum Order that, inter alia, overruled objections by Defendants Glenmark Pharmaceuticals Inc.,…
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By Donald Zuhn — Last week, in Bayer CropScience AG and Bayer S.A.S. v. Dow Agrosciences LLC, the Federal Circuit determined that the District Court for the District of Delaware did not abuse its discretion in determining that, under the totality of the circumstances, the case was an exceptional one, and the Federal Circuit therefore…
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By Michael Borella — The Supreme Court's 2014 Alice Corp. Pty. Ltd. v. CLS Bank Int'l decision requires the application of a two-part test to determine whether claims are directed to patent-eligible subject matter. One must first determine whether the claim at hand is directed to a judicially-excluded law of nature, a natural phenomenon, or an…
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its tenth annual list of top patent stories. For 2016, we identified twenty stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…
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