In a discovery context, at least, one should assume that a U.S.-based system that activates software sold abroad can infringe a U.S. patent. Prism Technologies v. Adobe Systems Inc., No. 8:10CV220 (D. Neb. July 17, 2012). Pris…
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The Federal Circuit “now holds that the threshold objective prong of the willfulness standard . . . is a question of law based on underlying mixed questions of law and fact and is subject to de novo review.” Bard Per…
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When is a patent infringement defendant entitled to summary judgment of non-infringement under the doctrine of equivalents? That question was addressed in CSB-Systems International, Inc. v. SAP America, Inc., No. 10-2156 (E.D. P…
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A patent claim for configuring a “satellite” credit card of a main credit card was not infringed directly by any defendant, nor was the claim directly infringed by any third party, and therefore it could not be indirec…
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When do the results of claim construction proceedings justify a patent plaintiff in amending its infringement contentions? A court in the Eastern District of Texas allowed the plaintiff to accuse certain software components for…
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