Inventor Holdings v. Bed Bath & Beyond was decided on December 8, 2017 on appeal from the District of Delaware. After the Supreme Court decided Alice, defendant BBB won judgment on the pleadings that plaintiff Inventor Holdings’ patent was invalid under Alice. BBB then moved for attorney fees. The district court granted …
Arctic Cat v. Bombadier was decided on December 7, 2017 on appeal from the Southern District of Florida. Before trial, defendant Bombadier unsuccessfully moved for summary judgment on several issues, including that plaintiff Artic Cat’s licensee failed to mark its products. The jury found the asserted patents not invalid, found willful infringement by …
Presidio v. American Technical Ceramics was decided on November 21, 2017 on appeal from the Southern District of California. The invention concerned capacitors for storing and releasing energy. The district court granted defendant ATC’s motion for summary judgment on absolute intervening rights. The jury then returned a verdict of direct and induced infringement, …
Promega v. Life Technologies was decided on November 13, 2017 on appeal from the Western District of Wisconsin, on remand from the Supreme Court. In the first instance at trial, the jury award plaintiff Promega $52 million in lost profit damages based on all of defendant Life Tech’s worldwide sales. The district court granted …
Industrial Models v. SNF is a nonprecedential case decided on November 7, 2017 on appeal from the Northern District of Texas. This suit relates to Industrial Models’ decision to enter the market for fiberglass utility bodies for use in trucks. In February 2013, plaintiff SNF sent defendant Industrial Models a cease-and-desist letter indicating that …
First Data v. Inselberg was decided on September 15, 2017 on appeal from the District of New Jersey. Inselberg is the inventor of various relevant patents formerly held by Inselberg Interactive. In 2011, Inselberg Interactive transferred “all right, title, and interest” in the patent portfolio to Bisignano, who eventually became CEO …
Allied Mineral v. Osmi was decided on September 13, 2017 on appeal from the Southern District of Florida. In June 2015, Stellar sent notice letters to two Mexican companies, accusing them of infringing Stellar’s Mexican patent. The Mexican companies were distributors of Allied, an American company. Allied manufactures the products accused of infringement in …
ICON v. Octane Fitness is a nonprecedential case decided on August 25, 2017 on appeal from the District of Minnesota. There, the district court awarded $1.6 million in attorney fees to defendant Octane Fitness, finding the case exceptional on remand from the Supreme Court. Plaintiff ICON appealed the exceptionality finding, and Octane …
AIA America v. Avid was decided on August 10, 2017 on appeal from the Eastern District of Pennsylvania. There, after the jury found against plaintiff AIA on patent ownership and co-inventorship, the district court found AIA lacked standing to assert the patents. After allowing “the parties to submit extensive briefing, evidence, …
Romag Fasteners v. Fossil was decided on August 9, 2017 on appeal from the District of Connecticut. There, after the jury returned a verdict for trademark and patent infringement for plaintiff Romag, the district court granted attorney fees under the Patent Act but not under the Lanham Act, finding that defendant …