Multidistrict Litigation Under The AIA

The Panel on Multidistrict Litigation (MDL) has further clarified its view of the interplay between the anti-joinder provisions of the America Invents Act (AIA), 35 U.S.C. § 299, and the provision for “coordinated or consol… Read More

Patent Infringement Pleadings Standards Defined by Federal Circuit

A claim for direct patent infringement is adequately stated by following Form 18 attached to the Federal Rules of Civil Procedure.  However, Form 18 does not set the standard for claims of indirect infringement (i.e., contributo… Read More

Third Party Protected From Producing Source Code in Patent Case

Can a third party be compelled to produce source code in a patent infringement lawsuit?  Not when its concerns about the security of its source code are well-founded, and when the deposition of a knowledgeable engineer will suffi… Read More

E.D. Va. Asserts Personal Jurisdiction Over Foreign Web Site Providers

Courts sometimes assert personal jurisdiction over foreign defendants who did not specifically target the jurisdiction when establishing a website accessible from within it, and who may have conducted only a relatively miniscule a… Read More

Patent Infringement Pleading Standards: Recent Cases Yield More Confusion (and Perhaps a Little Clarity)

Three recent cases from various U.S. district courts illustrate the need for a higher court to clarify the pleading standard governing claims of patent infringement.  As previous posts to this blog have noted, trial courts have s… Read More

Past Licenses for Patents-NOT-in-Suit Relevant to a Reasonable Royalty

Could Sprint, having licensed its patents in settlement of litigation, be compelled, in defending subsequent, unrelated litigation, to produce documents related to these licenses?  In a word, yes.  A magistrate judge granted pla… Read More

Date of Assignment Limits Standing for Patent Plaintiff

A defendant was entitled to summary judgment limiting the plaintiff to damages only for infringing acts that occurred after the date of the assignment.  CSB-System Int’l., Inc. v. SAP America, Inc., No. 10-2156 (E.D. Pa. Ap… Read More

Preliminary Injunction for Apple in Patent Fight Against Samsung?

In the ongoing smartphone/tablet patent litigation between Apple and Samsung, the Federal Circuit has agreed with Samsung on almost every dispositive issue related to Apple’s request for preliminary injunctive relief, but &#… Read More

Bad Faith Supports Preliminary Injunction Under the ACPA

A motion for a preliminary injunction was granted to prevent continued use of the plaintiff’s mark in the defendants’s domain name where the plaintiff was likely to succeed on the merits of its claim under the Anticybe… Read More

Patent Infringement Notice Pleading Standard Not Met

If every court adopted a bar for bringing a software or Internet patent infringement action that was as high as the standard followed by the court in Pagemelding, Inc. v. ESPN, Inc., No. C-11-06263 (N.D. Cal. April 30, 2012), pate… Read More

Upcoming Webinar

Christopher Francis and Charles Bieneman will conduct Part Two of a two-part webinar to discuss best practices for preparing, and then prosecuting, patent applications at the USPTO. The presentation will dive underneath the basic legal requirements…Register

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