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

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

IP Watchdog

JANUARY 16, 2022

Court of Appeals for the Federal Circuit (CAFC) on Friday ruled that a California district court erred in its claim construction relating to Evolusion Concepts, Inc.’s s patent for a method of converting a semi-automatic rifle with a detachable magazine to one with a fixed magazine.

Construction 126

Construction Litigation 126

IP Watchdog

APRIL 4, 2022

The CAFC reversed the district court’s summary judgment decision because the district court erred in its construction of “input signal” and should have construed the term to mean “a signal having an audio or higher frequency.”. 6,219,730 (‘730 patent).

Construction 128

Construction Technology Expert Testimony Evidence 128

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 89

Construction Depositions Litigation Technology 89

IP Watchdog

AUGUST 7, 2023

The court ultimately vacated the decisions and remanded to the PTAB to reconsider.

Construction 97

Construction Evidence Litigation 97

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

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.

Litigation 52

Litigation Jury Selection Closing Argument Depositions 52

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.”.

Construction 98

Construction Litigation 98

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

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

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

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 40

Litigation Construction Technology 40

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

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

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

SEPTEMBER 16, 2024

In a precedential decision, the U.S. Court of Appeals for the Federal Circuit (CAFC) today vacated and remanded a district court decision that invalidated all claims of Vascular Solutions and Teleflex LLC’s (Teleflex) patent infringement suit against Medtronic, Inc. In an opinion authored by Judge Amos Mazzant of the U.S.

Construction 59

Construction Litigation 59

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

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 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

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.

Witnesses 52

Witnesses Litigation Depositions Motion Practice 52

IP Watchdog

APRIL 16, 2024

Court of Appeals for the Ninth Circuit’s decision that found a district court had authority to impose $36 million in sanctions for abusive litigation practices in a trademark case. The underlying case relates to AECOM Energy & Construction, Inc.’s

Construction 52

Construction Litigation 52

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

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

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.

Evidence 122

Evidence Construction Litigation 122

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

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

Civil Litigation Brief

OCTOBER 21, 2024

In Workman Properties Ltd v Adi Building And Refurbishment Ltd [2024] EWHC 2627 (TCC) HHJ Stephen Davies sent out a clear reminder of the duties on all parties in a Part 8 case where the court was being asked to.

Construction 52

Construction Witnesses Evidence 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

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

JULY 13, 2023

Novartis is currently involved in a multi-district patent litigation campaign to block generic entrants for Entresto®, which is Novartis’ blockbuster heart medication. In the fall of 2022, Novartis went to trial on the validity of one of the asserted patents, U.S. 8,101,659 (“the ‘659 patent”).

Technology 52

Technology Pharmaceuticals Construction Evidence 52

E-Discovery LLC

SEPTEMBER 25, 2024

After setting out the boilerplate on scope of discovery and requirements for a protective order, the Court wrote: “The burden is on the party resisting discovery to explain specifically why its objections, including those based on irrelevance, are proper given the broad and liberal construction of federal discovery rules.”

Discovery 130

Discovery Objections Admissibility Expert Testimony 130

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

IP Watchdog

SEPTEMBER 10, 2024

The appellate brief also challenges the PTAB’s claim construction and obviousness analysis in reaching its invalidity determinations. The brief includes Hafeman’s most recent challenge to alleged abuses of Sotera stipulations by Big Tech firms working in concert to invalidate Hafeman’s claims.

Opening Brief 64

Opening Brief Construction Litigation 64

IP Watchdog

NOVEMBER 1, 2023

Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision holding that a Delaware district court erred in its claim construction of a term with respect to Malvern Panalytical, Inc.’s

Construction 59

Construction Litigation 59

SW&L Attorneys Blog

AUGUST 5, 2024

Unlike traditional divorce litigation, which often pits spouses against each other in a courtroom setting, collaborative law encourages open communication and problem-solving. Collaborative law provides an opportunity to tackle these issues constructively. The next step is to negotiate the terms of the divorce agreement.

Discovery 78

Discovery Construction Litigation Subpoenas 78