Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Supreme Court, Federal Circuit Deny Damages for Patent Found to Be Valid and Infringed
On Nov. 13, 2017, a Federal Circuit panel of Chief Judge Prost, Judge Mayer, and Judge Chen issued a unanimous decision, authored by Judge Chen, in Promega Corp. v. Life Technologies Corp., Case Nos. 2013-1011, 2013-1029, 2013-1376. On remand from the United States Supreme Court in Life Techs. Corp. v. Promega Corp., 137 S. Ct. 734, 741 (2017), the panel affirmed a grant of judgment as a matter of law by the United States District Court for the Western District of Wisconsin that the plaintiff failed to prove its infringement case under §§35 U.S.C. 271(a) and 271(f)(1). The panel affirmed the district court's denial for a new trial on damages and infringement, and reaffirmed its prior holdings on enablement, licensing, and active inducement issues.
Life Technologies Corporation (Life) sold genetic testing kits consisting of five components assembled in the United Kingdom. At least one of the five components in each kit was supplied from the United States. Promega Corporation (Promega) is the exclusive licensee of Reissue Patent No. 37,984, directed to methods and kits for analyzing DNA to determine the identity and kinship of organisms. Promega sued Life in district court, and was granted summary judgment that Life's accused products met all of the elements of the asserted claims of the patent. The parties stipulated that Life's total worldwide sales of the accused products were worth $707,618,247, and the district court entered judgment on the jury's verdict in this amount. The district court then granted Life's renewed motion for JMOL under Fed. R. Civ. P. 50(b), holding that no reasonable jury could have found that all of the accused products infringed under 35 U.S.C. §§271(a) and/or 271(f)(1). The district court also denied Promega's motion for a new trial, explaining that Promega waived any argument based on a subset of worldwide sales by failing to respond to Life's argument on this issue in its JMOL briefing.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
One Overlooked Element of Executive Safety: Data Privacy
Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.