John Bean v. Morris & Associates was decided on April 19, 2018 on appeal from the Eastern District of Arkansas. In 2002, after plaintiff John Bean had contacted defendant Morris’ customers alleging infringement, Morris sent John Bean a letter notifying John Bean that its patent was invalid based on multiple prior …
Link to article on Law360. 2016 was a busy year for patent remedies. The U.S. Supreme Court decided two cases, one on willfulness and the other on design patent damages. The Federal Circuit made law on willfulness, enhancement, attorney fees, antitrust damages, preissuance patent damages, and laches. This article will review these …
In this post, I will give a mid-year review of the patent remedies cases. The relevant time period is January 1st to June 30th, 2016. The graph below shows how many times each decision has been cited according to Google scholar. The graph is current as to November 29, 2016. …
Convolve v. Compaq was decided on February 10, 2016 on appeal from the Southern District of New York. There, the district court granted summary judgment of no infringement, and that liability was precluded by intervening rights arising from a December 2, 2008 substantive amendment to the asserted claims. Plaintiff Convolve appealed. The Federal Circuit …
Rosebud v. Adobe was decided on February 9, 2016 on appeal from the District of Delaware. The suit revolved around the ‘280 patent, a continuation of the ‘699 patent, which itself is a continuation of the ‘760 patent (the grandparent patent). There, the district court granted defendant-Adobe’s motion for summary judgment that …
R+L Carriers v. Qualcomm was decided on September 17, 2015 on appeal from the Southern District of Ohio. There, after bringing suit, the plaintiff R+L filed for ex parte reexamination of the patent-in-suit. Although the patent survived reexam, R+L added language to the claim at issue. Because defendant Qualcomm ceased its alleged infringing …