CAFC Reverses District Court, Finds California Jurisdiction Proper in...
On May 12, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed and remanded the dismissal of a declaratory judgment action in an appeal from the U.S. District Court for the Northern...
View ArticleJudge Upholds UK Power to Set FRAND Terms
A judge has affirmed the ability of the UK courts to settle FRAND terms of a patent license covering foreign patents, despite the defendants challenging the court’s jurisdiction. But in his judgment,...
View ArticleCAFC Reverses and Vacates Decision for L’Oréal, Finding District Court Claim...
On June 13, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed in part, vacated in part, and remanded a decision by the United States District Court for the District of Delaware relating...
View ArticleIrrational Fear of Monsanto Does Not Support DJ
In order to fabricate a case or controversy where clearly none existed, the farmers — AFTER filing the declaratory judgment action — sent Monsanto a letter, which asked Monsanto to expressly waive any...
View ArticleNarrow Internet Personal Jurisdiction Leads to Trademark Infringement Case...
The United States Federal District Court for the District of Nevada has dismissed a trademark infringement lawsuit against a foreign Internet poker site in a ruling that signals a rather substantial...
View ArticleProsecution reopened: Examiners stop applicants from appealing
Due to a bizarre jurisdictional “feature,” the Board does not actually get jurisdiction over a case until either a Reply Brief has been filed or the time to file a Reply Brief has run. See 37 CFR...
View ArticleFederal Circuit Vacates District Court’s Determination on Personal Jurisdiction
Polar argued on appeal that the district court erred in finding that Suunto did not have sufficient contacts in Delaware. The Court agreed with Polar. The Court held that there were sufficient...
View ArticleOpposition to Venue Reform Misses Target
There is simply no reason for so many patent cases to wind up in a district with so little relation to those cases. Basic principles of equity and justice don’t vanish just because a patent is...
View ArticleCAFC denies Amgen discovery in biosimilar patent dispute
In a patent infringement case governed by the Biologics Price Competition and Innovation Act of 2009 (“BPCIA”), the Federal Circuit found that it lacked jurisdiction to compel discovery in the district...
View ArticleFederal Circuit Denies Petition for Rehearing En Banc in Xitronix Appeal on...
On Friday, June 15th, the Court of Appeals for the Federal Circuit denied a petition for panel rehearing and rehearing en banc in Xitronix Corporation v. KLA-Tencor Corporation. The petition for...
View ArticleCourt of Justice of the European Union Provides Guidance on EU Trade Mark...
The Court of Justice of the European Union (CJEU) has ruled that an EU trade mark (EUTM) proprietor may bring an infringement action in an EU Member State where advertising or offers for sale are...
View ArticleCAFC Reiterates Sovereign Immunity Is a Shield, Not a Sword
On September 5, the U.S. Court of Appeals for the Federal Circuit (CAFC) held that state sovereignty principles asserted by the Board of Regents of the University of Texas System (UT) do not give UT...
View ArticleHow Foreign Patent Infringers Are Subject to Jurisdiction in the United States
The Federal Circuit’s decision in In re HTC Corp., 889 F.3d 1349 (Fed. Cir. 2018), considered whether the TC Heartland decision extended to foreign defendants to afford them the protections of the...
View ArticleCAFC Says Removal Improper, Trade Secret Case Didn’t Necessarily Raise Patent...
In a precedential opinion, Intellisoft v. Acer, the Court of Appeals for the Federal Circuit (CAFC), in a decision authored by Judge Dyk, held that the United States District Court for the Northern...
View ArticleUK Supreme Court Affirms Jurisdiction of English Courts in SEP Cases
In a ruling concerning patent portfolios owned by Unwired Planet and Conversant, the UK Supreme Court has upheld lower decisions that English courts can determine fair, reasonable and...
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