Archive | Litigation

Inequitable Conduct After Therasense Does Not Always Require “But-for” Materiality

Even under the heightened “but-for” materiality standard for proving inequitable conduct in patent prosecution set forth by the Federal Circuit in Therasense, Inc. v. Becton, Dickinson & Co., 649 F.3d 1276, 1287 (Fed. Cir. 2011) (en banc), a pleading would be sufficient that set forth “affirmative egregious misconduct, such as the filing of an unmistakably […]

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Amending Patent Infringement Contentions

When do the results of claim construction proceedings justify a patent plaintiff in amending its infringement contentions?  A court in the Eastern District of Texas allowed the plaintiff to accuse certain software components for the first time following the conclusion of claim construction proceedings.  SSL Services, LLC v. Citrix Systems, Inc., No. 2:08-cv-158-JRG (E.D. Texas […]

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Meeting the Notice Pleading Standard for Patent Infringement

The court in Gradient Enterprises, Inc. v. Skype Technologies S.A, No. 10-CV-6712L (W.D.N.Y. March 13, 2012), addressed the confusion concerning pleading standards in patent infringement actions following the Supreme Court’s decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, as well as the Federal Circuit’s McZeal v. Sprint Nextel Corp. decision.  In dismissing […]

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Stays Pending Reexamination: Timing Matters

As demonstrated by the recent opinion in Interwoven, Inc. v. Vertical Computer Systems, Inc., No. C 10-04645 RS (N.D. Cal. Mar. 8, 2012), timing and circumstances can be very important when seeking a stay of litigation pending a patent reexamination proceeding.  Long used as a defense tactic in patent litigation generally, reexaminations have become a […]

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