Federal Circuit Holds That Tribal Sovereign Immunity Cannot Be Asserted in IPR Proceedings
Citing 'Steep Burden' on Plaintiffs, Federal Circuit Denies Use of 'Entire Market Value Rule' in Cases Involving Multicomponent Products
In re: HTC Corporation
The Federal Circuit recently addressed motions to transfer and drew a distinction between motions based upon the convenience of parties and witnesses and those for improper venue. It also clarified that the Supreme Court's recent decision in TC Heartland did not supplant the long-standing rule that venue laws do not protect foreign defendants.
A Split Federal Circuit Panel Finds That Petitioner Has Standing to Challenge PTAB's Final Written Decision and That Petitioner Properly Submitted Evidence on Reply
Federal Circuit Rejects Patent Owner's Time-Bar Defense Based on Privity
Federal Circuit Finds That District Court May Rely on a Ground Not Raised by Any Party in Granting a Motion for Summary Judgment of Invalidity
In a 5-4 decision, with four justices dissenting, the U.S. Supreme Court struck down the Patent Trial and Appeal Board's practice of instituting review on only a subset of an inter partes review (IPR) petitioner's validity challenges.
Oil States Energy Services v. Greene's Energy Group
Is inter partes review of a patent grant compatible with Article III and the Seventh Amendment? That was the question presented in Oil States Energy Services v. Greene's Energy Group and the U.S. Supreme Court answered in the affirmative.
Federal Circuit Holds USPTO Can Defend PTAB Decision After Original Petitioner Drops Out
Federal Circuit Says Alice Not Intervening Change
On March 27, 2018, in Oracle America, Inc. v. Google LLC, the Federal Circuit overturned a jury verdict in favor of Google from the U.S. District Court for the Northern District of California. In doing so, the court revived Oracle's claim that Google's use of Oracle's open-source Java language code did not constitute “fair use.”
Despite Possibility of 'Chaos,' Presumption Against Extraterritorial Application May Give Way to Simple Proximate Cause Test, Justices Suggest
The U.S. Supreme Court seemed to be mulling a flexible test for foreign patent damages last month, with the categorical presumption against extraterritoriality taking a back seat.
Federal Circuit Affirms Dismissal of Declaratory-Judgment Action Based Under Rule Against Piecemeal Adjudication
Federal Circuit Affirms Non-Infringement Finding Despite Defendant's Discovery Violation
Exmark Manufacturing Company Inc. v. Briggs & Stratton Power Products Group, LLC
The rate of the reasonable royalty awarded to a successful patent plaintiff must be based on the facts of the case. A damages expert cannot merely pay lip service to the Georgia-Pacific factors and then “pluck” a royalty rate from thin air.
