Category Archives: Federal Circuit Court of Appeals

The Party’s Over: The Death of Patent Cases In the Eastern District of Texas

Today, the Supreme Court released its much-anticipated decision in TC Heartland v. Kraft Foods (decision available here). The Supreme Court reversed decades of Federal Circuit case law that essentially allowed a patent-infringement defendant to be sued wherever it sold the … Continue reading

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Supreme Court Unanimously Reverses Federal Circuit’s $399 Million Decision in Samsung v. Apple

On December 6, 2016, the Supreme Court issued its (unanimous) opinion in Samsung v. Apple (decision available here). The opinion involved the proper amount of damages for infringement of a design patent. Under 35 U.S.C. § 289, a person who … Continue reading

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Dallas Court of Appeals Rules That Texas Does Not Recognize Patent Agent Privilege

On August 17, 2016, the Dallas Court of Appeals, in In re Silver, 05-16-00774-CV, 2016 WL 4386004 (Tex. App.—Dallas Aug. 17, 2016, no. pet. h.), found that the State of Texas does not recognize a patent-agent privilege, because “[n]o Texas … Continue reading

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Supreme Court Unanimously Rejects Federal Circuit’s Enhanced Damages Standard For Patent Infringement

On June 13, 2016, the Supreme Court issued its unanimous opinion in Halo Electronics v. Pulse Electronics (available here). Halo rejected the Federal Circuit’s Seagate test for enhanced damages. The Patent Act specifies that, in cases of infringement, “the court … Continue reading

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Federal Circuit Says Laches Defense Still Applicable To Patent Cases

On Friday, a fractured Federal Circuit issued its decision in SCA Hygiene v. First Quality Baby Products (available here). The Federal Circuit sat en banc and held that, notwithstanding the Supreme Court’s Petrella decision (which I discussed here), laches is … Continue reading

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Great Week for CCRG at Federal Circuit

I thought I’d write to congratulate my partner, Anthony Garza, for having a great week at the Federal Circuit. The Federal Circuit, on February 11 and 12, 2015, returned two decisions in favor of firm clients (United Access Technologies and … Continue reading

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Supreme Court Reverses Federal Circuit’s Inducement Ruling in Akamai

On June 2, 2014, the Supreme Court issued its unanimous opinion in Limelight Networks v. Akamai (available here). The Supreme Court held that a defendant cannot be held liable for inducing infringement of a patent under 35 U. S. C. … Continue reading

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Supreme Court Reverses Federal Circuit Indefinite Standard in Nautilus

On June 2, 2014, the Supreme Court issued its opinion in Nautilus v. Biosig Instruments (available here). The Supreme Court unanimously reversed the Federal Circuit’s standard for determining whether a patent was indefinite under 35 U. S. C. §112, ¶ … Continue reading

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Federal Circuit Provides Guidance Concerning Advice of Counsel Defense in Patent Cases

On March 14, 2014, the Federal Circuit issued its opinion in SDI v. Imation Corp. (available here). Several important things to note regarding the advice of counsel defense: A good-faith belief of noninfringement can be established by reliance on advice … Continue reading

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Federal Circuit Issues Long Awaited Lighting Ballast Decision

On February 21, 2014, the Federal Circuit issued its en banc decision in Lighting Ballast v. Phillip Electronics (decision available here). The case had been appealed from Judge O’Connor’s earlier decision, and the Federal Circuit sat en banc to determine … Continue reading

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