Archive | Litigation

Specific Personal Jurisdiction from NPE Enforcement Effort

Many people think that efforts to enforce a patent in a particular forum, without more, cannot give rise to personal jurisdiction over the patent owner in that forum.  If you so thought, you thought wrong.  In Xilinx, Inc., v. Papst Licensing GmbH & Co., KG, No. 2015-1919 (Fed. Cir. Feb 15, 2017), the court held […]

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Website Doesn’t Create Personal Jurisdiction in Patent Case

An Ohio court has transferred a patent case to the Eastern District of Washington after finding that the defendant’s website was insufficient to create specific personal jurisdiction.  Zen Indus., Inc. v. Hoffman Mfg., Inc., No. 1:16 CV 2352 (N.D. Ohio, Feb. 9, 2016).  Applying Federal Circuit law to consider personal jurisdiction with respect to the […]

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Detail Counts to Support Patent Damage Analysis

In Yodlee v. Plaid Technology, No. 14-1445-LPS-CJB (D. Del. 2017), Judge Leonard Stark gave guidance on the boundaries of an admissible opinion for a reasonable royalty analysis in a patent case.  Yodlee v. Plaid involves a patent relating to a method and apparatus for gathering summary information from websites and presenting that information as HyperText […]

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Willful Patent Infringement as Pled Need Not Be Egregious

While enhanced damages for willful patent infringement may be based on egregious misconduct, a plaintiff can support a pleading of willful infringement by alleging the defendant’s intent, and without a necessarily pleading facts amounting to egregious misconduct.  Bio-Rad Laboratories, Inc. v. Thermo Fisher Scientific Inc., No. 1-16-cv-00358 (D Del. Jan 31, 2017).  Thus, the plaintiff […]

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No Fee Award Against Plaintiff Who Asserted Patents Invalidated Under Alice

A district court has roundly rejected a request for an award of attorney fees against a plaintiff who asserted business method patents later found invalid under 35 U.S.C. § 101 and Alice Corp v. CLS Bank.  O2 Media LLC v. Narrative Science Inc., No. 15-CV-05129 (N.D. Ill. Jan 3, 2017). After succeeding with a Rule […]

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Another Reason Why Ex Parte Reexaminations May Not Be the Best Way to Challenge Patent Claims

Despite the defendant’s diligence in seeking an ex parte re-examination of the patent-in-suit by the USPTO shortly after being sued, a district court has denied the defendant’s motion for a stay.  Pro-Troll, Inc., v. Shortbus Flashers, Inc., No. 16-cv-04062-VC (N.D. Cal. Dec. 23, 2016).   The court’s reasoning included in an interesting comparison of ex parte […]

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Determining Willful Patent Infringement: Ramifications of Halo Pulse Through the Courts

The Federal Circuit recently vacated and remanded a lower court’s holding that a patent infringement defendant could not have willfully infringed as a matter of law. Alfred E. Mann Found. for Sci. Research v. Cochlear Corp. (Fed. Cir. Nov. 17, 2016).  The lower court’s decision was based on the objective standard prong of the now […]

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