Shure Infringement Claims Against ClearOne Survive Motion to Dismiss Based on Civil Procedure Rules

by Bryan Hart on June 8th, 2020
In the latest development in extensive litigation between Shure and ClearOne over audio and conferencing equipment, the District of Delaware rejected a motion to dismiss Shure’s claims over multiple civil procedure grounds, incl… Read More

Customer Suits Alone Do Not Confer Declaratory Judgment Jurisdiction

by Charles Bieneman on April 8th, 2014
DataTern, Inc. sued Microsoft’s and SAP’s customers alleging infringement of U.S. Patent Nos. 5,937,402 and 6,101,502.  Microsoft and SAP then brought actions against DataTern seeking declaratory judgments of non-infr… Read More

Pleading Implied License as an Affirmative Defense to Patent Infringement

by Charles Bieneman on July 17th, 2013
An implied license is an affirmative defense to patent infringement. Because the defense is, by definition, highly fact-specific, it is not always clear what allegations are required to adequately plead the implied license defense… Read More

When Can a Patent Owner Sue for a Declaratory Judgment?

by Charles Bieneman on May 2nd, 2012
Does jurisdiction exist over a declaratory judgment action (i.e., is there a case or controversy) where the plaintiff alleges that a party’s possible future use of software would infringe patent claims?  The court in Auburn… Read More

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