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- Repeat Copyright Plaintiff (Who Is Also Attorney Who Represents Himself) Hit With $172,173 Award For Losing Copyright Case
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- Supreme Court Holds That Booking.Com May Be A Trademark
- Post-Judgment Discovery Revealing Party As Judgment-Proof Shell Company Warrants Re-Opening Case And Joining New Parties (Including Party’s Owners and Law Firm)
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Category Archives: Federal Circuit Court of Appeals
Finjan v. Blue Coat Systems – Some Clues For Properly Claiming Reasonable Royalty Damages In Patent Cases
On January 10, 2018, the Federal Circuit issued its opinion in Finjan v. Blue Coat Systems (available here). A jury found Blue Coat liable for infringement of four Finjan patents, and awarded approximately $39.5 million in reasonable royalty damages. The … Continue reading
Posted in Federal Circuit Court of Appeals
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Federal Circuit Tosses $140 Million Jury Award In View of Entire Market Value Rule
On July 3, 2018, the Federal Circuit issued its opinion in Power Integrations v. Fairchild Semiconductor (available here). The jury had awarded approximately $140 million, finding that the entire market value rule applied in calculating damages. The Federal Circuit reversed, … Continue reading
Posted in Federal Circuit Court of Appeals
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Federal Circuit Slaps Down Yet Another Patent Damages Award in Exergen v. Briggs & Stratton
On January 12, 2018, the Federal Circuit issued its decision in Exmark Manufacturing v. Briggs & Stratton Power Products (available here). In the case, the jury awarded over $24 million in compensatory damages, which the district court doubled as enhanced … Continue reading
Posted in Federal Circuit Court of Appeals
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Federal Circuit Rules That, Under Patent Venue Statute, A Corporation Resides Only In The District Where Its Principal Place Of Business Is, Not In Every District Within The State
On May 15, 2018, the Federal Circuit issued its decision in In re BigCommerce, Inc. (available here). In the case, BigCommerce sought a writ of mandamus, challenging the Eastern District of Texas’ orders denying a motion to dismiss and transfer … Continue reading
Posted in Federal Circuit Court of Appeals
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Federal Circuit’s In re Micron Decision—TC Heartland Constituted Change In Law, But District Courts Can Still Deny Untimely Motions To Dismiss For Improper Venue Under Inherent Authority
In the wake of the Supreme Court’s TC Heartland decision (which significantly limited the venues where a plaintiff can file patent-infringement lawsuits), many defendants raised venue challenges for the first time after answering the plaintiff’s complaint. And many courts held … Continue reading
Posted in Developing Law, Federal Circuit Court of Appeals
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Much Ado About Nothing: Tribal Sovereign Immunity In Inter Partes Reviews
I predict that tribal sovereign immunity will have little, if any, effect on inter partes reviews (IPRs). But if I’m wrong (and I’ve *occasionally* been wrong before), tribal sovereign immunity will lead to the death of IPRs, absent Congressional action. … Continue reading
Posted in Developing Law, Federal Circuit Court of Appeals
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In Re Cray—Another Blow To East Texas’ Patent Docket: Employees Working From Home Are Generally Not Enough To Confer Venue Upon A District In Patent Cases
On September 21, 2017, the Federal Circuit issued its decision in In re Cray Inc. (available here). As I noted in an earlier post, after the Supreme Court’s TC Heartland decision, the only proper venue for a patent-infringement case against … Continue reading
Posted in Developing Law, Federal Circuit Court of Appeals
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Stuck in Dodge? Can You Challenge Venue In Patent Cases Under TC Heartland If You Previously Failed to Contest Venue?
As I previously noted, the Supreme Court’s recent TC Heartland decision dramatically curtailed where patent holders can sue defendants for infringement. Prior to TC Heartland, under the Federal Circuit’s decisions (dating back to 1990 in VE Holding), patent owners could … Continue reading
Posted in Developing Law, Federal Circuit Court of Appeals, Judge Lynn, U.S. Supreme Court
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The Party’s Over: The Death of Patent Cases In the Eastern District of Texas
Today, the Supreme Court released its much-anticipated decision in TC Heartland v. Kraft Foods (decision available here). The Supreme Court reversed decades of Federal Circuit case law that essentially allowed a patent-infringement defendant to be sued wherever it sold the … Continue reading
Posted in Developing Law, Federal Circuit Court of Appeals, Non-N.D. Tex. Notable Decisions, U.S. Supreme Court
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Supreme Court Unanimously Reverses Federal Circuit’s $399 Million Decision in Samsung v. Apple
On December 6, 2016, the Supreme Court issued its (unanimous) opinion in Samsung v. Apple (decision available here). The opinion involved the proper amount of damages for infringement of a design patent. Under 35 U.S.C. § 289, a person who … Continue reading
Posted in Developing Law, Federal Circuit Court of Appeals, U.S. Supreme Court
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