Federal Circuit Raises the Bar on IPR Estoppel: Classification Searches Alone May Not Be Enough

IRONBURG INVENTIONS LTD. v. VALVE CORPORATION Authored by: Jeremy J. Gustrowsky In a second trip to the Federal Circuit involving a video game controller patent dispute, the court has provided important guidance on what it takes to prove that a…

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Sotera Stipulation Violations Won’t Save Your Patent Once IPR Is Underway

HAFEMAN v. GOOGLE LLC Authored by: Jeremy J. Gustrowsky The Federal Circuit recently addressed whether a patent owner can challenge a final written decision based on a defendant’s post-institution violation of a Sotera stipulation, along with claim construction and secondary…

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Smart Thermostat Patent Verdict Unravels Over Jury Form and Section 101 Instructions

OLLNOVA TECHNOLOGIES LTD. v. ECOBEE TECHNOLOGIES ULC Authored by: Jeremy J. Gustrowsky A jury in the Eastern District of Texas awarded Ollnova Technologies Ltd. $11.5 million after finding that ecobee Technologies ULC’s smart thermostats infringed at least one of four…

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Farming Data Patents Plow Into Section 101 Trouble, But Fee Ruling Gets a Second Look

AGI SURETRACK LLC v. FARMERS EDGE INC. Authored by: Jeremy J. Gustrowsky The Federal Circuit recently addressed a dispute involving patents covering automated systems for collecting and sharing farming data, finding the claims patent ineligible while also sending the attorney’s…

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$452 Million Trade Secret Verdict Wiped Out by Statute of Limitations Clock

INSULET CORP. v. EOFLOW, CO. LTD. Authored by: Jeremy J. Gustrowsky The Federal Circuit recently reversed a massive trade secret misappropriation verdict, finding that the plaintiff waited too long to bring suit. The case involved competing insulin patch pumps and…

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Federal Circuit Restores Multi-Million Dollar Jury Award in Software Trade Secret Dispute

VERSATA SOFTWARE, LLC v. FORD MOTOR COMPANY Authored by: Jeremy J. Gustrowsky In a significant decision addressing trade secret damages, the Federal Circuit ruled that a software company was wrongly prevented from pursuing unjust enrichment damages, and reinstated a jury’s…

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Federal Circuit Affirms Dismissal of Banking Patent Suit but Reverses Hefty Fee Award Against Patent Owner and Counsel

MCOM IP, LLC v. CITY NATIONAL BANK OF FLORIDA Authored by: Jeremy J. Gustrowsky The Federal Circuit recently issued a decision addressing both the dismissal of a patent infringement suit and the propriety of attorneys’ fees awarded against the patent…

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When pH Means More Than Just a Number: Standard Temperature Wins the Day

ACTELION PHARMACEUTICALS LTD v. MYLAN PHARMACEUTICALS INC. Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision affirmed that a pharmaceutical patent’s reference to “a pH of 13 or higher” refers to a measurement taken at standard laboratory temperature (25±2°C),…

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When “About” Becomes Too Vague: Federal Circuit Affirms Indefiniteness in Poultry Treatment Patent

ENVIRO TECH CHEMICAL SERVICES, INC. v. SAFE FOODS CORP. Authored by: Jeremy J. Gustrowsky The Federal Circuit recently affirmed a district court ruling that invalidated claims of a poultry processing patent owned by Enviro Tech Chemical Services, Inc., finding that…

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Federal Circuit Splits the Signal on Patent Eligibility for Digital Communication Constellations

CONSTELLATION DESIGNS, LLC v. LG ELECTRONICS INC. Authored by: Jeremy J. Gustrowsky The Federal Circuit recently issued a mixed decision in a patent infringement dispute involving the technology behind modern digital television broadcasts. The case centered on patents owned by…

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Prior Art Patents Sink Trade Secret Claims Over Cosmetic Implant Technology

INTERNATIONAL MEDICAL DEVICES, INC. v. CORNELL Authored by: Jeremy J. Gustrowsky The Federal Circuit reversed a multimillion-dollar trade secret verdict in a case involving competing cosmetic penile implants. Plaintiffs International Medical Devices, Inc. (IMD) and Dr. James Elist, the makers…

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Well-Known Antibodies Used in a New Way Get a Pass on Patent Disclosure Requirements

TEVA PHARMACEUTICALS INTERNATIONAL GMBH v. ELI LILLY AND COMPANY Authored by: Jeremy J. Gustrowsky A jury found that Eli Lilly willfully infringed three Teva patents covering methods of treating headaches using humanized anti-CGRP antagonist antibodies. The district court then overturned…

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