Topic
Patent Validity
197 published works
New England IP Blog
FairWarning: Your Patent May Be Invalid
By Brendan Cox
In a new case before Judge Douglas Woodlock, Massachusetts-based Iatric Systems filed for a declaratory judgment that a patent held by FairWarning, a Florida company, is invalid. Iatric and FairWarning…
Patents Post-Grant
Court Unimpressed by PTO Review of Prior Art
Court Finds Clear & Convincing Invalidity Despite Previous USPTO Review The USPTO applies the preponderance of the evidence standard in post-grant patent proceedings to assess patentability relative to applied prior…
Delaware Intellectual Property Litigation
Judge Sleet Grants Plaintiffs’ Motion to Dismiss Defendant’s Counterclaims of Invalidity
By Memorandum Opinion entered by The Honorable Gregory M. Sleet in EMC Corp., et al. v. Zerto, Inc., Civil Action No. 12-956-GMS (D.Del., July 31, 2014), the Court granted the…
Delaware Intellectual Property Litigation
Chief Judge Sleet Grants Motion to Transfer Constant Contact’s Action Seeking Declaratory Judgment that Umbanet’s Patents Are Invalid
By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Constant Contact Inc. v. Umbanet Inc., Civil Action No. 12-1467 (D.Del., March 12, 2014), the Court granted defendant Umbanet’s…
Delaware Intellectual Property Litigation
Judge Robinson Grants Motorola’s Motions for Summary Judgment of Invalidity and Non-Infringement in Part in Patent Infringement Action filed by Intellectual Ventures
By Memorandum Opinion entered by The Honorable Sue L. Robinson in Intellectual Ventures I, et al. v. Motorola Mobility, LLC, Civil Action No. 11-908-SLR (D.Del., January 2, 2014), the Court…
Delaware Intellectual Property Litigation
Judge Robinson Grants Vehicle IP’s Motion to Exclude Evidence of Werner’s Invalidity Theory Regarding a Pre-1995 System
By Memorandum Order entered by the Honorable Sue L. Robinson in Vehicle IP, LLC v. Werner Enterprises, Inc., Civil Action No. 10-503-SLR (D.Del., September 9, 2013), the Court granted Plaintiff Vehicle…
The Contingency
Patent Re-Exam Wipes Out Verdict, Federal Circuit Rules
You can try a patent infringement case, win a verdict awarding millions in damages, and prevail on appeal as to the other side's invalidity defense, but still lose the case…
Essential Patent Blog
Patent Alert: Federal Circuit rules that good faith belief of invalidity can rebut intent to induce infringement (Commil v. Cisco)
Today, Tuesday, June 25, 2013, in Commil USA v. Cisco Systems, No. 2012-1042, the Federal Circuit (Newman (concur/dissent), Prost, and O’Malley (concur/dissent)) reversed a finding of induced infringement where the…
IP Intelligence
Patent Watch: Organic Seed Growers & Trade Ass’n v. Monsanto Co.
"[Where the court relies on a patent holder's] representations to defeat [jurisdiction over the declaratory judgment claims], those representations are binding as a matter of judicial estoppel [even in the…
Essential Patent Blog
Chrimar Systems’ Power-over-Ethernet claims found invalid on appeal
Chrimar Systems (also known as CMS Technologies) is a non-practicing entity that owns patents that it claims are essential to IEEE Power-over-Ethernet technology -- amendments 802.3af and 802.3at to the…