Federal Circuit on Damages and other Remedies

Tracking the landscape of patent remedies
 
Federal Circuit on Damages and other Remedies

Sample Motions For A Preliminary Injunction For Patent Infringement

Below are sample motions for a preliminary injunction for patent infringement in federal court. The preliminary injunction motion examples are divided by issue and jurisdiction. These are publicly filed in the respective lawsuits. The motions for a preliminary injunction were all filed in 2010 or later. This post says nothing …

Injunction denied, despite irreparable harm provision, because Plaintiff is not likely to show breach of contract

Takeda v. Mylan was decided on July 31, 2020, on appeal from the District of Delaware. In 2016, Plaintiff Takeda sued Defendant Mylan for patent infringement. The parties ultimately settled. The license agreement allows Mylan to sell a generic product in the event that a court decision “hold[s] that all …

Plaintiff cannot recover pre-suit damages because of unmarked licensee products

Packet Intelligence v. NetScout was decided on July 14, 2020, on appeal from the Eastern District of Texas. Plaintiff Packet Intelligence sued Defendant NetScout on two method-claims patents and one apparatus-claims patent. The jury found all claims willfully infringed, rejected NetScout’s invalidity defenses under § 102, awarded $3.5 million in …

Denial of fees vacated where plaintiff filed multiple suits to obtain low-value settlements

Electronic Communication Technologies v. ShoppersChoice.com was decided on July 1, 2020, on appeal from the Southern District of Florida. The district court granted Defendant ShoppersChoice’s motion for judgment on the pleadings invalidating independent claim 11 of Plaintiff ECT’s asserted patent. The Federal Circuit affirmed. Subsequently, the district court denied ShopperChoice’s …

Sample Motions To Dismiss Patent Infringement Complaints

Below are sample motions to dismiss patent infringement litigation claims in federal court. The motions to dismiss examples are divided by issue. These are publicly filed in the respective lawsuits. The motions to dismiss were all filed in 2010 or later. This post says nothing of the legal or factual …

Sample Declaratory Judgment Complaints For Patent Infringement Litigation

Below are sample federal declaratory judgment complaints related to patent infringement cases. The complaints are divided by issue. The complaint examples are publicly filed in the respective lawsuits. The complaints were all filed in 2010 or later. This post says nothing of the merits, truthfulness or falsity of the alleged …

Failure to appeal laches dismissal supports denial of relief from judgment despite change in law

Medinol v. Cordis is a nonprecedential case decided on June, 12, 2020, on appeal from the Southern District of New York. After dismissing Plaintiff Medinol’s patent infringement claim as barred by laches, the district court denied Medinol Rule 60(b)(6) relief from the judgment. Medinol did not appeal the original judgment …

Fees reversed for failure to show facts of Plaintiff’s unreasonable positions at the PTAB and district court

Munchkin v. Luv N’ Care was decided on June 8, 2020, on appeal from the Central District of California. Plaintiff Munchkin sued Defendant Luv N’ Care for unfair competition, trademark infringement, trade dress infringement, and patent infringement. Subsequently, Luv N’ Care filed an IPR petition at the PTAB, which was …

No appellate jurisdiction for non-final judgments of lack of notice under Section 287

Iron Oak Techs. v. Microsoft is a nonprecedential case decided on June 8, 2020, on appeal from the Northern District of Texas. In 2016 and 2017, Iron Oak sued various electronics manufacturers. Because those lawsuits implicated Microsoft’s products, Declaratory Plaintiff Microsoft sued Iron Oak “seeking a declaratory judgment action that …

Sample Complaints For Patent Infringement Litigation

Below are sample federal complaints for patent infringement cases divided by issue. The complaint examples are publicly filed in the respective lawsuits. The complaints were all filed in 2010 or later. This post says nothing of the merits, truthfulness or falsity of the alleged claims. The post simply provides examples …