Insurance Journal

JULY 26, 2024

NEW ORLEANS (AP) — Proponents of a nearly $3 billion project to restore part of southeast Louisiana’s rapidly vanishing coastline released a study Tuesday touting the expected economic benefits of its construction, even as the project faces pushback and litigation …

Construction 111

Construction Litigation 111

IP Watchdog

MARCH 8, 2024

On appeal to the CAFC, CoolIT argued that the PTAB erred in construing one of the claim terms, “matingly engaged” and that even under the PTAB’s construction, the asserted prior art did not meet the matingly engaged limitation.

Construction 69

Construction Litigation 69

Expert Witness Blog

MAY 15, 2024

Summary: Construction Expert Witness testimony excluded because the court ruled that the expert cannot state that the Chinese drywall caused the plaintiffs’ injuries Facts: This case ( Fozard et al v. In order to prove their case, the plaintiffs hired Construction Expert Witness Howard Ehrsam to provide expert witness testimony.

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Construction Witnesses Litigation Court Rules 52

IP Watchdog

DECEMBER 28, 2023

reversing a claim construction ruling and summary judgment of noninfringement issued by the Central District of California. On December 26, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in K-fee System GmbH v. Nespresso USA, Inc.,

Construction 69

Construction Litigation 69

Insurance Journal

OCTOBER 2, 2024

The road construction firm that employed six workers who were killed and another who was seriously injured in the collapse of Baltimore’s Key Bridge, along with its workers’ compensation carrier, have filed claims against the owner and operator of the …

Litigation 81

Litigation Construction Insurance 81

IP Watchdog

AUGUST 13, 2021

On Wednesday, the U.S. Court of Appeals for the Federal Circuit (CAFC), with Chief Judge Moore writing for the court, vacated and remanded a Patent Trial and Appeal Board (PTAB) decision, stating the PTAB erred in construing the claims of Magseis’ U.S. RE45,268 (’268 patent). Seabed Geosolutions (US) Inc. Magseis FF LLC.

Construction 122

Construction Evidence Litigation 122

IP Watchdog

NOVEMBER 29, 2023

A Texas-based patent enforcement firm seeks an experienced patent litigator. The ideal candidate would have experience managing patent enforcement cases, including routine motion practice, claim construction, discovery, pretrial preparation, trial, and appeal. for qualified candidates.

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Litigation Motion Practice Construction Discovery 59

IP Watchdog

MARCH 25, 2022

On March 16, the United States District Court for the Eastern District of Texas Marshall Division adopted the Report and Recommendation (R&R) of a magistrate judge and granted two motions of non-infringement for Simon Property Group L.P. Simon) and Blackhawk Network, Inc. Blackhawk). AlexSam, Inc.

Construction 119

Construction Retail Technology Litigation 119

IP Watchdog

NOVEMBER 30, 2022

The CAFC held that it is proper to strike expert testimony that did not rely on the agreed upon claim construction adopted by the district court. Treehouse Avatar, LLC owns U.S.

Expert Testimony 72

Expert Testimony Construction Objections Litigation 72

IP Watchdog

MARCH 14, 2023

Based on two of the district court’s claim constructions, the parties entered into a stipulation of non-infringement; however, AlterWAN appealed the case and contested the district court’s construction of two terms relevant to the patent claims.

Construction 122

Construction Court Rules Technology Litigation 122

IP Watchdog

JUNE 15, 2022

and that the claim construction performed by the district court was improper. The district court held that it lacked personal jurisdiction over L’Oréal S.A. and that the patents were invalid based on indefiniteness.

Construction 64

Construction Discovery Litigation 64

IP Watchdog

JULY 18, 2022

The CAFC, with Chief Judge Moore writing, said the district court’s ruling was based on an erroneous claim construction. District Court for the District of Delaware, which had granted judgment of non-infringement for Ford Motor Company on three patents owned by Ethanol Boosting Systems, LLC and the Massachusetts Institute of Technology (EBS).

Construction 64

Construction Technology Litigation 64

Sound Jury Blog

JANUARY 8, 2024

In the spirit of correcting past problems and forging new habits, here’s a list of litigation resolutions – from case intake to closing argument – to put your trial strategy either back on track or to keep it on track. Deposition practice is one of the most over-looked aspects of litigation preparation.

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Litigation Jury Selection Closing Argument Depositions 52

IP Watchdog

APRIL 3, 2023

On March 31, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Philip Morris Products S.A. International Trade Commission affirming a Section 337 ruling by the U.S. International Trade Commission (ITC) that blocked the importation and sale of electronic vape tobacco products infringing patents owned by R.J.

Construction 111

Construction Evidence Technology Litigation 111

IP Watchdog

NOVEMBER 20, 2023

Court of Appeals for the Federal Circuit’s (CAFC’s) “construction of petitioner’s patent claim was unforeseeable and unjustifiable under the circuit’s prior decisions,” thereby constituting a judicial taking of property in violation of the Fifth Amendment’s Takings Clause.

Construction 59

Construction Technology Litigation 59

IP Watchdog

DECEMBER 18, 2023

In so holding, the Federal Circuit upheld the PTAB’s use of claim construction conflicting with parallel proceedings in the Western District of Texas on the grounds that the patentee defined the term “storage element” as a lexicographer.

Construction 59

Construction Litigation 59

Attorney at Work

AUGUST 11, 2021

You must document the steps involved, conduct training, and provide constructive feedback. Litigation, transactions, corporate bankruptcy filings, incorporations, estate planning … most legal matters follow a predictable pattern, often guided by a statutory process. What aspects of the work can be reduced to a repeatable process?

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Construction Litigation 315

IP Watchdog

JULY 14, 2024

The Federal Circuit’s opinion, authored by Chief Judge Kimberly Moore, found no legal error in the district court conducting an infringement analysis without claim construction, and no clear error in finding that NeoGenomics failed to raise a substantial question of patent validity. NeoGenomics Laboratories, Inc.

Construction 105

Construction Litigation 105

IP Watchdog

MAY 24, 2022

The Federal Circuit denied various claim construction arguments advanced by Microsoft on appeal, including several raised on the proper meaning of “automatically generating” within the preamble to asserted claim 1, and reversed the Southern District of New York’s denial of prejudgment interest to Kaufman. Microsoft Corp.

Construction 59

Construction Litigation 59

IP Watchdog

OCTOBER 5, 2021

On October 4, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed-in-part the claim construction and summary judgment of non-infringement ruling made by the U.S. District Court for the District of Delaware and dismissed-in-part Acceleration Bay LLC’s appeal against the makers of the Grand Theft Auto video game as moot.

Construction 122

Construction Technology Litigation 122

IP Watchdog

OCTOBER 21, 2024

Court of Appeals for the Federal Circuit (CAFC) on Friday, October 18, issued a precedential decision holding in part that claim construction is not categorically forbidden at the Rule 12(b)(6) stage of a case, but ultimately vacating-in-part a district court’s dismissal of a patent owner’s infringement suit.

Construction 52

Construction Litigation 52

Attorney at Work

MAY 28, 2022

While you may have great credentials and impressive accomplishments, a lackluster construction will render you virtually indistinguishable from the other lawyers your prospects are considering. If you’re not ready to go that far afield, here are seven steps you can take right now to infuse authenticity and some fresh ideas into your bio: 1.

Media and Entertainment 246

Media and Entertainment Telecommunications Construction Litigation 246

IP Watchdog

JUNE 28, 2023

On appeal, the Federal Circuit rebuffed several challenges, including an Administrative Procedures Act (APA) challenge to the PTAB’s motion to amend pilot program, holding that the PTAB’s change in claim construction was not arbitrary or capricious, nor did it prevent Medytox from litigating construction issues.

Construction 64

Construction Litigation 64

IP Watchdog

FEBRUARY 14, 2023

Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion on Monday that reversed and vacated in part a previous lower court ruling in a patent case related to fuel tank sensors.

Construction 75

Construction Counterclaim Court Rules Technology 75

Legally Speaking

JUNE 25, 2023

You might be wondering, what exactly does a construction disputes partner do? Well, picture this: when conflicts arise in the world of construction, someone swoops in like a legal superhero, armed with a toolbox of litigation, arbitration, mediation, and adjudication skills.

Construction 40

Construction Arbitration Mediation Precedent 40

IP Watchdog

JANUARY 11, 2022

Court of Appeals for the Federal Circuit (CAFC) is depriving litigants of their right to trial by jury under the Seventh Amendment.

Construction 69

Construction Litigation Technology 69

IP Watchdog

FEBRUARY 7, 2024

Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision vacating and remanding a Patent Trial and Appeal Board (PTAB) decision that a patent for a climate control system was not proven unpatentable by Google LLC and Ecobee, Inc.

Construction 59

Construction Litigation 59

IP Watchdog

MAY 13, 2022

On May 11, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the claim construction and decision of the United States District Court for the Central District of California to exclude evidence relating to damages but vacated its infringement determination and remanded a case alleging that Hulu, Inc.

Construction 131

Construction Evidence Technology Litigation 131

IP Watchdog

JUNE 25, 2024

The first half of the year yielded some significant early jurisprudence in the UPC, including the first appellate decisions on preliminary injunctions, claim construction, access to documents and opt-outs. The profile of the new court’s users has also evolved with significant increases in filings made by pharma companies and by NPEs.

Litigation 52

Litigation Construction Technology 52

IP Watchdog

OCTOBER 18, 2024

On October 16, the U.S. Court of Appeals for the Federal Circuit issued a ruling in CAO Lighting, Inc. Feit Electric Co., vacating a summary judgment entered by the Central District of California that found Feit Electric did not infringe semiconductor light source patent claims asserted by CAO Lighting.

Construction 96

Construction Depositions Litigation Technology 96

IP Watchdog

SEPTEMBER 11, 2023

had failed to prove Corephotonics’ patent claims unpatentable as obvious, holding that the evidence supported a different claim construction than that adopted by the Board in one decision, and because the Board’s decision in the second inter partes review (IPR) violated the Administrative Procedure Act (APA).

Construction 122

Construction Evidence Litigation 122

IP Watchdog

APRIL 11, 2023

Without the benefit of an appellate court’s reasoned analysis of arguments raised on appeal, IP attorneys and professionals are left grasping for answers from PTAB rulings without knowing for certain whether the PTAB’s construction of obviousness doctrine is proper.

Technology 119

Technology Construction Litigation 119

IP Watchdog

FEBRUARY 18, 2024

Comcast Cable Communications, LLC, vacating a final judgment of infringement after reversing part of the district court’s claim construction rulings. The entire U.S.

Construction 59

Construction Litigation 59

IP Watchdog

DECEMBER 17, 2024

Key legal principles were clarified, including claim construction and requirements for the granting of provisional measures. The Court has granted injunctions in all cases where a patent has been found to be valid and infringed (including Standard Essential Patent (SEP) cases). The Court has been effective in resolving cases within a year.

Construction 92

Construction Litigation 92

Attorney at Work

DECEMBER 7, 2021

If you are a litigator and need someone to draft motions, then you want to make sure the person is a persuasive and strong writer. Having an open and honest conversation about how people respond to constructive criticism, revisions and stressful situations can also help alleviate tense feelings in the future.

Construction 312

Construction Litigation 312

IP Watchdog

JUNE 6, 2022

On Friday, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision by the U.S. District Court for the Central District of California from an appeal by Kingston Technology Company LLC, in which the district court held that Kingston willfully infringed U.S. 6,926,544 (‘544 patent) and awarded $7,515,327.40

Construction 72

Construction Technology Litigation 72

The Cloud Court Blog

APRIL 24, 2023

Dear Litigation Friends: It is with regret that I write to inform you that you are a profoundly unreliable witness. We construct, to our peril, narratives that are fictional rather than factual. You’re an unreliable witness to the depositions you took and you’re an unreliable witness to the depositions you defended.

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Witnesses Litigation Depositions Motion Practice 52