Federal Circuit Affirms Award of Attorney Fees for Inequitable Conduct and Litigation Misconduct By Christina Hayes — Edited by Stephanie Weiner Nilssen v. Osram Sylvania, Inc. Federal Circuit, June 17, 2008, No. 2007-1198 Slip Opinion The Federal Circuit affirmed the judgment of the U.S. District Court for the Northern District of Illinois granting a motion for attorney fees to Osram Sylvania, Inc. and Osram Sylvania Products, Inc. (collectively, “Osram”) due to the inequitable conduct and litigation misconduct of the appellants ... Read More...
Archive for the ‘Patent’ Category
Supreme Court Reinvigorates Patent Exhaustion By Andrew Ungberg — Edited by Joshua Gruenspecht Quanta Computers, Inc. v. LG Electronics, Inc. Supreme Court of the United States, June 9, 2008, No. 2006-937 Slip Opinion The Supreme Court reversed the Federal Circuit, which had held that patent holders could seek infringement damages from subsequent purchasers further “downstream” provided that the initial transfer had imposed some type of restriction on the initial purchaser. The Federal Circuit’s ruling, had it been upheld, would have ... Read More...
Federal Circuit Clarifies Recovery for Lost Profits, Non-Exclusive Licensees: Parent Company Denied Recovery for Lost Profits of Subsidiary By Jeff Gritton — Edited by Joshua Gruenspecht Mars, Inc. v. Coin Acceptors, Inc. Federal Circuit, June 2, 2008, No. 2007-1409 Slip Opinion The Federal Circuit affirmed in part and vacated in part the District Court of New Jersey and remanded for recalculation of damages in a patent infringement suit. The court affirmed the district court’s holding precluding Mars Inc. (“Mars”) from ... Read More...
Federal Circuit Holds that Automatic Assignment of Employee Rights May Foreclose Certain Defenses By Sarah Sorscher — Edited by David Lawson DDB Technologies, L.L.C. v. Major League Baseball Advanced Media, L.P. Federal Circuit, February 13, 2008, No. 2007-1211 Slip Opinion On February 13, the Federal Circuit affirmed in part, vacated in part and remanded for further discovery a decision of the District Court for the Western District of Texas related to employee assignment of patent rights. The court affirmed the ... Read More...
Federal Circuit Upholds Damages Award Against Echostar By Andrew Ungberg — Edited by Wen Bu TiVo, Inc. v. EchoStar Commc’n Corp. Federal Circuit, January 31, 2008, No. 2006-1574 Slip Opinion The U.S. Court of Appeals for the Federal Circuit upheld in part and reversed in part an Eastern District of Texas jury verdict finding that EchoStar’s DVR machines infringed hardware and software claims of TiVo’s patent. Writing for a unanimous panel, Judge Bryson found that EchoStar’s devices infringed TiVo’s software ... Read More...
