IP Watchdog

JULY 27, 2021

While the CAFC agreed with the PTAB’s construction of one of the claims, which Qualcomm had challenged, it ultimately held that the Board violated Qualcomm’s procedural rights under the Administrative Procedure Act (APA) for failing to provide the company “adequate notice of and opportunity to respond to its sua sponte claim construction.”.

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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.

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Construction Litigation 98

IP Watchdog

FEBRUARY 6, 2025

Court of Appeals for the Federal Circuit (CAFC) today issued a decision marked precedential that found the Patent Trial and Appeal Board (PTAB) construed HD Silicon Solutions patent claims erroneously, but that the error was harmless, thus upholding the PTABs invalidation of the claims as obvious.

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IP Watchdog

MARCH 21, 2025

This week in Barks & Bites: American pharmaceutical firm Johnson & Johnson announces $55 billion in U.S. by BOE Technology. This week in Barks & Bites: American pharmaceutical firm Johnson & Johnson announces $55 billion in U.S. by BOE Technology.

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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 …

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Construction Litigation 111

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

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 …

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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.

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Construction Evidence Litigation 122

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.

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Construction Litigation 69

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.,

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Construction Litigation 69

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.

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Construction Retail Technology Litigation 119

Insurance Journal

MARCH 20, 2025

A new report identifying commercial litigation waves likely to pick up steam in 2025 highlights one particular theme that could further lengthen the tail of general liability claims for insurers writing policies for contractors and builders. The 2025 “Commercial Litigation …

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Construction Insurance Litigation 59

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.

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Expert Testimony Construction Objections Litigation 72

Complex Discovery

FEBRUARY 6, 2025

Editors Note: The construction industry faces unique and evolving eDiscovery challenges, from managing vast data volumes to safeguarding sensitive communications and project plans. HaystackIDs webcast will provide construction attorneys with a practical blueprint for leveraging artificial intelligence (AI) to streamline eDiscovery processes.

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Construction Education Technology Discovery 52

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.

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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.

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Construction Discovery Litigation 64

E-Discovery LLC

APRIL 21, 2025

Liability Antitrust Litigation , 244 F.R.D. Gross Construction Assoc., In that case, one litigant designed its search in secret. Gross court also made the important point that a well-designed, pre-litigation information governance program could have avoided what became a costly and contested litigation issue.

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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).

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Construction Technology Litigation 64

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.

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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.

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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

Insurance Journal

FEBRUARY 28, 2025

The government is planning tougher rules on construction product safety, backed by … The UK set out a raft of reforms designed to improve building safety, as it aims to clamp down on failures that contributed to the Grenfell Tower fire.

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Construction Litigation 97

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.

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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.

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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.

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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.

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Construction Litigation 52

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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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.

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Construction Counterclaim Court Rules Technology 75

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.

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Construction Litigation 64

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 302

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.

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Construction Litigation Technology 69

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.

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Construction Arbitration Mediation Precedent 40

SW&L Attorneys Blog

JANUARY 25, 2025

But there’s another path that might be right for you: civil litigation. In civil litigation you can pursue claims like breach of contract or equitable estoppel to hold the individual or company accountable for their failure to deliver on their promises. You pay a substantial sum upfront for the work to commence.

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Litigation Construction Evidence 84

IP Watchdog

JANUARY 29, 2025

Absent such construction, the accused product would not have infringed. Because the proposed generic drug accused of infringement was a complex of bonded valsartan and sacubitril, the patentee Novartis needed to urge and had successfully urged that combination be construed to include both bonded complexes and non-bonded (i.e.

Construction 52

Construction Litigation 52

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.

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Litigation Construction Technology 52

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.

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Construction Evidence Technology Litigation 131