Pleading Patent Infringement: Claim Chart Required (Redux)?

For a plaintiff to state a cause of action for patent infringement, some courts hold that  general allegations – without an infringement claim chart – suffice.  Here are two examples of courts joining other courts at the oth… Read More

Patent Complaint IDs Software Suite, Passes Iqbal/Twombley

A complaint alleging patent infringement by a suite of four software products met the Iqbal/Twombley standard, said a court in denying the defendant’s motion to dismiss.  Gracenote, Inc. v. Sorenson Media, Inc., Case No. 2:16-c… Read More

Software’s Capability to Infringe Is Not Patent Infringement

A claim for direct patent infringement could not be sustained where Microsoft software, even under the plaintiff’s theory of infringement, would have required additional user configuration before all claim elements were met.  P… Read More

Laches Is a Defense to Patent Infringement No More

The United States Supreme Court recently held that under the Patent Act, laches is not a defense to claim for damages when the infringing acts occurred within the six-year time limitation provided for recovering damages under 35 U… Read More

Must Willful Infringement Pleading Allege Egregious Acts?

Much of a plaintiff’s complaint adequately plead patent infringement, but a portion of the complaint alleging willful infringement was dismissed where the plaintiffs “failed to allege any facts suggesting that Defendant’… Read More

Willful Patent Infringement as Pled Need Not Be Egregious

While enhanced damages for willful patent infringement may be based on egregious misconduct, a plaintiff can support a pleading of willful infringement by alleging the defendant’s intent, and without a necessarily pleading facts… Read More

Determining Willful Patent Infringement: Ramifications of Halo Pulse Through the Courts

The Federal Circuit recently vacated and remanded a lower court’s holding that a patent infringement defendant could not have willfully infringed as a matter of law. Alfred E. Mann Found. for Sci. Research v. Cochlear Corp. (Fed… Read More

Willful Patent Infringement and Opinions after Halo

As my partner Tom Bejin discussed in this recent webinar, Addressing Willful Patent Infringement Post-Halo, the pendulum governing standards for enhanced damages for patent infringement under 35 U.S.C. § 284 gyrated again when th… Read More

Divided Infringement Means No Patent Infringement, Says Judge Gilstrap

Claims to a computer system for providing users with location information about an object were not directly infringed where the claims recited a step of user input not under the direction or control of the party requesting and rec… Read More

Objectively Reasonable Defenses Do Not Preclude Finding of Willful Patent Infringement

The Federal Circuit has held that even if an accused infringer’s defenses to patent infringement are objectively reasonable, Supreme Court precedent does not preclude a willful infringement finding, or enhancing damages.  WBIP,… Read More