patent infringement

Indirect Patent Infringement Requires Direct Infringement

Because “a finding of direct infringement is a predicate to any finding of indirect infringement,” the Federal Circuit reversed a district court’s findings of indirect patent infringement where the evidence did not support a… Read More

Defendant Controlled Information Not Required in Pleadings

Does the fact that relevant information is “arguably within [the defendant’s] sole possession” affect the plaintiff’s burden in pleading a claim for patent infringement?  In Prowire, LLC v. Apple, Inc. , the United States… Read More

No Estoppel for IPR Dicta

In Oil-Dri Corp. v. Nestlé Purina Petcare Co., No. 15-cv-1067 (N.D. Ill. Aug. 2, 2017), an Illinois district court held that 35 U.S.C. § 315(e)(2) does not estop an accused infringer from challenging the validity of claims under… 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

Common Interest Privilege Covers Non-Attorneys in Patent Case

The District of Massachusetts held that the common interest exception to third-party privilege waiver protected communications disclosed to a licensee and non-attorney expert. Crane Security Technologies, Inc. v.  Rolling Optics… Read More

Online Listing = Offer for Sale for Patent Infringement?

Robert Blazer sued eBay alleging that a product listed by an eBay seller was liable for patent infringement (directly, contributorily, and by inducement).  eBay successfully moved for summary judgment on the ground that it had n… 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

Does Pleading Patent Infringement Require a Claim Chart?

Pleading patent infringement does not require a claim chart, says a court considering the requirements for pleading both direct and indirect infringement under FRCP 8 and Ashcroft v. Iqbal, 556 U.S. 662 (2009) and Bell Atl. Corp.… Read More

Conclusory Pleadings Insufficient to Support Indirect Patent Infringement Claims

While the Federal Circuit has held that adherence to Form 18 of the Federal Rules of Civil Procedure is sufficient to support a claim of direct patent infringement, courts have not uniformly addressed the requirements for pleading… 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

Upcoming Webinar

Functional Claiming After Williamson v. Citrix
December 14, 2017 at 12:00 pm CST
During the webinar, Charles Bieneman will cover strategies for avoiding – or embracing – functional claim interpretations, and for avoiding findings that functional claim language is indefinite. Register

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