Tag: Patent Litigation
A Conflict of Interest Doesn’t Destroy Attorney-Client Privilege, Federal Circuit Rules
March 11, 2026
TRUSTEES OF COLUMBIA UNIVERSITY v. GEN DIGITAL INC. Authored by: Jeremy J. Gustrowsky In a case involving Columbia University’s patent dispute with Gen Digital (formerly Symantec/NortonLifeLock), the Federal Circuit reversed a civil contempt finding against the law firm Quinn Emanuel…
Read MorePatent Owner’s Shortcut Through a Complex Circuit Leads to Dead End on Infringement
February 19, 2026
GENUINE ENABLING TECHNOLOGY LLC v. SONY GROUP CORPORATION Authored by: Jeremy J. Gustrowsky When a patent claim uses “means-plus-function” language, it doesn’t describe a specific physical structure. Instead, it describes a *function*, and the patent’s specification fills in the blanks…
Read MoreNo Notice-and-Comment Required for PTO’s IPR Institution Guidelines, Federal Circuit Rules
February 13, 2026
APPLE INC. v. SQUIRES Authored by: Jeremy J. Gustrowsky When technology giants Apple, Cisco, Google, and Intel challenged the Patent and Trademark Office’s instructions for declining inter partes review (IPR) petitions, they argued the agency should have followed formal notice-and-comment…
Read MoreJury’s $10 Million Patent Damages Award Slashed to $1 After Expert Testimony Excluded
October 2, 2025
Rex Med., L.P. v. Intuitive Surgical, Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed a dramatic reduction in damages in the case of Rex Medical, L.P. v. Intuitive Surgical, Inc., where a jury’s $10…
Read MoreDismissal With Prejudice Makes Defendant a “Prevailing Party” for Patent Attorney Fees
September 9, 2025
Future Link Sys., LLC v. Realtek Semiconductor Corp Authored by: Jeremy J. Gustrowsky In Future Link Systems, LLC v. Realtek Semiconductor Corp., the Federal Circuit clarified when a defendant can be considered a “prevailing party” entitled to attorney fees and…
Read MoreTax Win for Generics: Federal Circuit Says Hatch-Waxman Litigation Costs Are Deductible Business Expenses
March 21, 2025
Actavis Lab’ys FL, Inc. v. United States Authored by: Jeremy J. Gustrowsky In a major decision for the generic pharmaceutical industry, the Federal Circuit in Actavis Laboratories FL, Inc. v. United held that the legal expenses generic drug makers incur…
Read MorePatent Owners Get a Win: Federal Circuit Limits Collateral Estoppel from PTAB Decisions
February 10, 2025
Kroy IP Holdings, LLC v. Groupon, Inc Authored by: Jeremy J. Gustrowsky In a significant decision for patent owners, the Federal Circuit recently clarified when a prior Patent Trial and Appeal Board (PTAB) decision can prevent a patentee from asserting…
Read MoreRegeneron Wins Key Injunction to Block EYLEA® Biosimilar Launch
January 29, 2025
Regeneron Pharms., Inc. v. Mylan Pharms. Inc Authored by: Jeremy J. Gustrowsky In a significant win for Regeneron Pharmaceuticals, the Federal Circuit affirmed a preliminary injunction that blocks Samsung Bioepis (SB) from launching its EYLEA® biosimilar in the United States.…
Read MoreCourt Affirms Judge’s Power to Order In-Person Testimony in Patent Fraud Inquiry
July 16, 2024
Backertop Licensing LLC v. Canary Connect, Inc Authored by: Jeremy J. Gustrowsky A recent decision highlights the broad authority federal judges have to require key individuals to appear in person, especially when investigating possible fraud in patent litigation. In Backertop…
Read MoreFederal Circuit affirms judgment that CleanTech's patents are unenforceable due to inequitable conduct.
March 2, 2020
GS CleanTech Corp. v. Adkins Energy LLC, No. 16-2231 (Fed. Cir. 2020) Woodard Emhardt attorney, Spiro Bereveskos, was on the trial team and cross examined the Cantor Colburn, LLP attorney who admitted “it sent a chill up his spine” to…
Read MoreBill McKenna quoted in The Information, "Amazon Tests Program to Combat Patent Infringement"
April 25, 2019
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…
Read MoreWoodard Emhardt Obtains Order Finding Exceptional Case and Awarding Fees in Litigation of Patent for Processing Ethanol Byproducts
December 18, 2018
In a multi-district case involving 26 defendants, Judge Miller of the U.S. District Court for the Southern District of Indiana, granted the defendants’ motion for an order declaring the case exceptional and awarded attorneys’ fees. The original suit alleged that…
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