Archive | Litigation

Software’s Capability to Infringe Is Not Patent Infringement

A claim for direct patent infringement could not be sustained where Microsoft software, even under the plaintiff’s theory of infringement, would have required additional user configuration before all claim elements were met.  Parallel Networks Licensing LLC v. Microsoft Corp., No. 1-13-cv-02073 (D. Del. April 10, 2017). The court initially granted summary judgment because the plaintiff […]

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Must Willful Infringement Pleading Allege Egregious Acts?

Much of a plaintiff’s complaint adequately plead patent infringement, but a portion of the complaint alleging willful infringement was dismissed where the plaintiffs “failed to allege any facts suggesting that Defendant’s conduct is ‘egregious . . . beyond typical infringement.’” CG Technology Development, LLC v. Zynga, Inc., 2:16-cv-00859-RCJ-VCF (D. Nev. Feb 17, 2017). The court’s […]

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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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