Claims from four patents were infringed, but invalid as anticipated and obvious, a jury in the Eastern District of Texas found. In an opinion by Chief Judge Rader, the Federal Circuit rejected the patent owner’s challenge to the jury verdict as a matter of law, and also rejected its request for a new trial. Ceats, […]
Archive | April, 2013
Form 18 Trumps Iqbal and Twombley, Says Fed. Cir.
By Charles Bieneman on April 19, 2013 in Civil Procedure, Litigation, Notice Pleading Patent Infringement
Form 18 of the Federal Rules of Civil Procedure is the definitive authority concerning whether a plaintiff has adequately plead a claim of patent infringement. K-Tech Telecommunications, Inc. v. Time-Warner Cable, Inc., Nos. 2012-1425 and 2012-1446 (Fed. Cir. April 18, 2013). If Form 18 conflicts with Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) […]
Patent Litigation Protective Orders: Patent Prosecution Bars, Source Code
In a lawsuit where the plaintiff, Unwired Planet, had asserted 10 patents against Apple, the parties disagreed about the appropriate scope of a protective order. Unwired Planet, LLC v. Apple. Inc., No. 3:12-CV-00505-RCJ (VPC) (D. Nev. April 11, 2013). One disagreement concerned whether a patent prosecution bar should prevent the plaintiff’s litigation counsel from participating […]
Software Copyright Infringement Defenses: Ownership of a Copy and Implied License
A defendant accused of infringing a software copyright was, according to facts plead in the plaintiff’s complaint, an owner of a copy of the software under 17 U.S.C. § 117(a)(1). Further, the facts established that the defendant had an implied license. Therefore, the court in Zilyen, Inc. v. Rubber Mfrs. Ass’n, No. 12-0433 (RBW) (D.D.C April 2, […]
Settlement Agreement Forum Selection Clause Read Narrowly
Forum selection clauses in settlement agreements should be very carefully worded. That is the lesson of Synopsys Inc. v. Mentor Graphics Corp., No. C 12-5025 MMC (N.D. Cal. April 3, 2013), where the court refused to apply the forum selection clause in a settlement agreement. The court reasoned that a provision for the retention of […]
Evidence Not Required to Rebut Presumption That Anticipatory Prior Art Is Enabled
The Federal Circuit has clarified a patent applicant’s burden to rebut the presumption that a prior art reference is enabling of allegedly anticipated claims. In re Morsa, No. 2012-1609 (Fed. Cir. April 5, 2013). The court therefore vacated and remanded a decision from the Board of Patent Appeals and Interferences, where the Board had affirmed […]