#patent-litigation

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Oral Arguments Preview: Teva v. Amneal Tests Scope of Orange Book Device Patent Listings

The Federal Circuit's decision in Teva v. Amneal could redefine pharmaceutical patent listing requirements under the Hatch-Waxman Act.
The ruling may impact how device patents related to drugs are treated in the FDA's Orange Book.
#intellectual-property

Brazil's Superior Court of Justice Rules Infringement Courts Can Hear Invalidity Arguments

Brazil's STJ ruling allows invalidity defenses in industrial design cases, impacting patent litigation and fostering discussions on intellectual property cooperation.

Judge's Investigation Into Patent Troll Results In Criminal Referrals

The rise of patent trolls raises ethical concerns in patent litigation as courts investigate misleading practices and ownership behind patent assertions.

Hindsight 20/20: Federal Circuit Okays Retroactive Expertise

Expert witnesses in patent litigation must have relevant skills pertaining to the invention's date to avoid disqualification.

Other Barks & Bites for Friday, August 30: WIPO Publishes Top Technology Cluster List; Romania Joins Unitary Patent System as 18th Member; USPTO Launches Open Beta for New Trademark Trial and Appeal Board Center

Romania's accession to the Unitary Patent system signals important progress for EU countries in technology integration.

Brazil's Superior Court of Justice Rules Infringement Courts Can Hear Invalidity Arguments

Brazil's STJ ruling allows invalidity defenses in industrial design cases, impacting patent litigation and fostering discussions on intellectual property cooperation.

Judge's Investigation Into Patent Troll Results In Criminal Referrals

The rise of patent trolls raises ethical concerns in patent litigation as courts investigate misleading practices and ownership behind patent assertions.

Hindsight 20/20: Federal Circuit Okays Retroactive Expertise

Expert witnesses in patent litigation must have relevant skills pertaining to the invention's date to avoid disqualification.

Other Barks & Bites for Friday, August 30: WIPO Publishes Top Technology Cluster List; Romania Joins Unitary Patent System as 18th Member; USPTO Launches Open Beta for New Trademark Trial and Appeal Board Center

Romania's accession to the Unitary Patent system signals important progress for EU countries in technology integration.
moreintellectual-property
#federal-circuit

Federal Circuit Issues Twin Decisions in Cellspin Cases: Procedure and Timing Matter

The Federal Circuit's decisions underscore the importance of timely arguments and procedural compliance in patent litigation.

Federal Circuit's "Red Flags" Fee Analysis Under Fire: DISH Seeks En Banc Review

DISH Network is contesting the Federal Circuit's decision to vacate a $3.9 million attorney fee award, emphasizing reliance on Supreme Court precedents.

Federal Circuit Rejects District Court's Overly Narrow Claim Construction in LED Patent Infringement Case

The Federal Circuit ruled that the first reflective layer of the '961 patent does not need to be epitaxial or different from the substrate.

Different Evidentiary Burdens in IPR Proceedings and District Court Means No Collateral Estoppel Effect on Related Patent Claims

The Federal Circuit overturned the district court's decision, favoring ParkerVision in key issues related to patent infringement and expert testimony.

Designation Of Credibility

The presence of appellate jurists in patent cases, especially visiting judges with appellate experience, can significantly benefit practitioners and provide valuable insights.

Federal Circuit Issues Twin Decisions in Cellspin Cases: Procedure and Timing Matter

The Federal Circuit's decisions underscore the importance of timely arguments and procedural compliance in patent litigation.

Federal Circuit's "Red Flags" Fee Analysis Under Fire: DISH Seeks En Banc Review

DISH Network is contesting the Federal Circuit's decision to vacate a $3.9 million attorney fee award, emphasizing reliance on Supreme Court precedents.

Federal Circuit Rejects District Court's Overly Narrow Claim Construction in LED Patent Infringement Case

The Federal Circuit ruled that the first reflective layer of the '961 patent does not need to be epitaxial or different from the substrate.

Different Evidentiary Burdens in IPR Proceedings and District Court Means No Collateral Estoppel Effect on Related Patent Claims

The Federal Circuit overturned the district court's decision, favoring ParkerVision in key issues related to patent infringement and expert testimony.

Designation Of Credibility

The presence of appellate jurists in patent cases, especially visiting judges with appellate experience, can significantly benefit practitioners and provide valuable insights.
morefederal-circuit
#legal-strategy

Third-Party Litigation Funding in Patent Cases: Transparency, Ethics, and Policy Concerns

Third-party litigation funding has transformed patent litigation, providing benefits alongside ethical and legal concerns.

Part III: You've Got Patents! Or Someone Else Does... Where Can You Find Resolution?

Effective resolution of patent disputes often requires third-party assistance through Alternative Dispute Resolution.

Third-Party Litigation Funding in Patent Cases: Transparency, Ethics, and Policy Concerns

Third-party litigation funding has transformed patent litigation, providing benefits alongside ethical and legal concerns.

Part III: You've Got Patents! Or Someone Else Does... Where Can You Find Resolution?

Effective resolution of patent disputes often requires third-party assistance through Alternative Dispute Resolution.
morelegal-strategy

US DoJ intervenes in Realtek lawsuit against MediaTek

MediaTek is accused of antitrust violations related to patent infringement lawsuits against Realtek, which could have serious implications for its market practices.

CAFC Finds Food Slicer Not Readily Reconfigurable by Consumers to Support Infringement Finding

The Federal Circuit's ruling emphasized the necessity for clear evidence in patent cases, especially regarding noninfringement and damage calculations.

Empowering Women in IP: Bridging Gaps and Building Futures

The Women's IP Forum was created to empower and connect women in the IP field.
Only 10% of patent litigators are women, highlighting the need for increased representation.
The forum included female speakers only, emphasizing women's contributions and leadership in IP.

Part II: You've Got Patents! Or Someone Else Does... What are the Opportunities for Settlement Once They're Asserted?

Patent litigation is costly and risky, with most cases resolved through settlements rather than trials.
#patent-prosecution

Tips for Patent Prosecutors from Litigators: Enhancing Litigation Outcomes

Effective patent drafting strategies enhance the strength and enforceability of patents, influencing litigation outcomes significantly.

Nautilus or Packard: A Recent PGR Petition Highlights Perils of USPTO Flip-Flops

Post grant challenges at the PTAB involve a mix of prosecution, litigation, and uncertainty.

Tips for Patent Prosecutors from Litigators: Enhancing Litigation Outcomes

Effective patent drafting strategies enhance the strength and enforceability of patents, influencing litigation outcomes significantly.

Nautilus or Packard: A Recent PGR Petition Highlights Perils of USPTO Flip-Flops

Post grant challenges at the PTAB involve a mix of prosecution, litigation, and uncertainty.
morepatent-prosecution
#eff

EFF Presses Federal Circuit To Make Patent Case Filings Public

The public's right to access federal court records is being undermined by decisions favoring corporate confidentiality in patent litigation.

EFF Appeals Order Denying Public Access to Patent Filings

EFF pushes for transparency in patent litigation, fighting against excessive secrecy tactics in court cases to uphold the public's right to access court records.

EFF Seeks Greater Public Access to Patent Lawsuit Filed in Texas

Secrecy in patent litigation is common, especially in the U.S. District Court for the Eastern District of Texas.
EFF is seeking to intervene in a case to unseal documents and ensure public access, arguing for the public's First Amendment rights.

EFF Presses Federal Circuit To Make Patent Case Filings Public

The public's right to access federal court records is being undermined by decisions favoring corporate confidentiality in patent litigation.

EFF Appeals Order Denying Public Access to Patent Filings

EFF pushes for transparency in patent litigation, fighting against excessive secrecy tactics in court cases to uphold the public's right to access court records.

EFF Seeks Greater Public Access to Patent Lawsuit Filed in Texas

Secrecy in patent litigation is common, especially in the U.S. District Court for the Eastern District of Texas.
EFF is seeking to intervene in a case to unseal documents and ensure public access, arguing for the public's First Amendment rights.
moreeff

Law Professors Say Judicial Conference's Guidance on Case Assignment Practices is 'Toothless'

Concerns over judge shopping in patent litigation led to recent policy changes in U.S. district courts.
The Judicial Conference's guidance aims to prevent gamesmanship in litigation by implementing district-wide assignment policies.

Sounding Off On Appeal

Patent cases can intersect in unique ways.
Judge William Alsup plays a significant role in high-profile IP disputes.

3 Takeaways From The Lex Machina 2024 Patent Report

The number of patent case filings has significantly dropped in recent years, largely due to a decline in cases filed by high-volume plaintiffs.
Contested patent cases have remained steady, mitigating the impact on career prospects for patent litigators.

The Billions Boost ... Into Reverse?

The Federal Circuit's reversal of the $2 billion verdict against Intel in the VLSI patent case has potential consequences for future litigation between the parties.
Predictions made after the original VLSI verdict, including success for NPEs and increased demand for litigation funding, have been verified.

The Patent Plaintiff's Edge ... And Burden

A court decision involving IP Edge and Delaware Judge Connolly has grabbed attention in the patent litigation world.
The decision could have ramifications for the patent litigation market as a whole.
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