No Infringement for One Structure Providing Multiple Functions

MAGNOLIA MEDICAL TECHNOLOGIES, INC. v. KURIN, INC. Authored by: Jeremy J. Gustrowsky When blood is drawn from a patient, microbes on the skin can contaminate the sample, leading to false-positive test results and unnecessary treatments. Both Magnolia Medical Technologies and…

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Federal Circuit Says Damages Can Be Tied to Unaccused Products When There’s a Causal Link

EXAFER LTD v. MICROSOFT CORPORATION Authored by: Jeremy J. Gustrowsky Exafer Ltd. sued Microsoft Corporation, alleging that Microsoft’s Azure Platform infringed two of Exafer’s patents: U.S. Patent Nos. 8,325,733 and 8,971,335. These patents relate to systems and methods for optimizing…

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Word Choice Matters: “Requested” Creates Required Step Order in Streaming Patent Case

SOUND VIEW INNOVATIONS, LLC v. HULU, LLC Authored by: Jeremy J. Gustrowsky The Federal Circuit recently affirmed a finding of non-infringement in a patent dispute between Sound View Innovations and Hulu over streaming media technology. The case centered on claim…

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Federal Circuit Clarifies “Transparency” in Design Patents and Limits Doctrine of Equivalents for Integrated Frames

Smartrend Mfg. Grp. (SMG), Inc. v. Opti-Luxx Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit addressed important issues of claim construction and patent infringement in Smartrend Mfg. Grp. (SMG), Inc. v. Opti-Luxx Inc. The case…

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Federal Circuit Clarifies Patent Terms for Heart Valve Devices in Key Infringement Ruling

Aortic Innovations LLC v. Edwards Lifesciences Corp Authored by: Jeremy J. Gustrowsky In a recent decision, the U.S. Court of Appeals for the Federal Circuit addressed a patent dispute between Aortic Innovations LLC and Edwards Lifesciences over innovative devices used…

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Federal Circuit Upholds Non-Infringement in Fence Patent Dispute Over Connector Design

Barrette Outdoor Living, Inc. v. Fortress Iron, LP Authored by: Jeremy J. Gustrowsky In a recent patent dispute between Barrette Outdoor Living and Fortress Iron, the U.S. Court of Appeals for the Federal Circuit examined claims related to innovative fencing…

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Apple Wins New Trial in $300 Million LTE Patent Dispute with Optis Over Jury Verdict Form and Damages Evidence

Optis Cellular Tech., LLC v. Apple Inc Authored by: Jeremy J. Gustrowsky In a significant decision for patent litigation, the Federal Circuit has vacated a $300 million damages award against Apple Inc. in its ongoing dispute with Optis Cellular Technology,…

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Jury’s Patent Infringement Verdict Partly Restored in Aseptic Packaging Technology Dispute

Steuben Foods, Inc. v. Shibuya Hoppmann Corp Authored by: Jeremy J. Gustrowsky A recent appellate decision has clarified the boundaries of patent infringement and the doctrine of equivalents in the context of aseptic food packaging technology. Steuben Foods, Inc. accused…

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Federal Circuit Revives Amarin’s Patent Case Over “Skinny Label” Generic Vascepa®

Amarin Pharma, Inc. v. Hikma Pharms. USA Inc Authored by: Jeremy J. Gustrowsky The Federal Circuit recently revived Amarin Pharma’s patent infringement case against Hikma Pharmaceuticals, clarifying when generic drug makers can be liable for inducing off-label use, even after…

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PREP Act Immunity Claim Stalls Patent Dispute Over COVID-19 Swabs

Copan Italia SpA v. Puritan Med. Prods. Co. LLC Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights the limits of immediate appeals when it comes to claims of immunity under the Public Readiness and Emergency…

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Bill McKenna quoted in The Information, "Amazon Tests Program to Combat Patent Infringement"

Bill McKenna quoted in The Information, “Amazon Tests Program to Combat Patent Infringement.” Amazon is testing a new program that allows merchants on its marketplace who are victimized by cheap, patent-violating knockoffs to get them removed in a few months…

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Amazon Debuts New Pilot Program to Combat Utility Patent Infringement

It has become more and more routine in the past few years for a client to call Woodard, Emhardt, Henry, Reeves & Wagner, LLP regarding an infringing item being sold on Amazon.  Often the seller is new and/or located overseas. …

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