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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Woodard Emhardt Obtains Dismissal of Patent Infringement Complaint Under Section 101

Judge Stivers of the U.S. District Court for the Western District of Kentucky recently ordered that a patent infringement lawsuit filed against operators of historical horse racing games should be dismissed as the three patents asserted failed to claim patent…

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Saving High-tech Innovators from Egregious Legal Disputes, or SHIELD Act

Representatives Peter DeFazio (D-Ore.) and Jason Chaffetz (R-Utah) recently reintroduced H.R. 845, the Saving High-tech Innovators from Egregious Legal Disputes, or SHIELD Act. The bill seeks to “protect American tech companies from frivolous patent lawsuits that cost jobs and resources”…

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Patent Infringement by the U.S. Government under § 1498

What should you do if the U.S. Government infringes your patent?  Under 28 U.S.C. §1498, whenever the government uses or manufactures a invention covered by a patent of the United Stated, without a license from the owner, the owner may…

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