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Author Archives: Steven Callahan
Voluntary Dismissal of Lawsuit Without Prejudice Triggers 1 Year IPR Bar Date
35 U.S.C. § 315(b) provides that an inter partes review “may not be instituted if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner . . . is served with a … Continue reading
Posted in Federal Circuit Court of Appeals
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Moving For Attorney’s Fees? Judge Kinkeade Lays Out A Road Map For Your Proof On Reasonableness
On May 15, 2018, Judge Kinkeade denied (without prejudice to refiling) SAP’s Motion for Recovery of Attorneys’ Fees (Order available here). In this patent case, SAP prevailed against InvestPic, and Judge Kinkeade found the case exceptional, such that SAP was … Continue reading
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Federal Circuit Sees Through Purchase of Tribal Sovereign Immunity, Finds that Tribes Cannot Assert Sovereign Immunity in Inter Partes Reviews
In Saint Regis Mohawk Tribe v. Mylan (decision available here), the Federal Circuit rejected Allergen’s attempt to purchase sovereign immunity from an Indian tribe—i.e., Allergen paid millions of dollars to an Indian tribe to allow the tribe to own Allergen’s … Continue reading
Posted in Federal Circuit Court of Appeals
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Judge Scholer
Judge Scholer was appointed to the Northern District of Texas by President Trump in 2018. The Senate confirmed her 95-0. Notably, she had previously been nominated by President Obama to serve as a US District Court Judge for the Eastern … Continue reading
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Federal Circuit Deems “Bare Bones” Complaint Sufficient Under Iqbal and Twombly
Ever since Twombly, Iqbal, and the abrogation of Form 18, patent-infringement plaintiffs have generally been filing detailed complaints showing how the defendant purportedly infringes the plaintiff’s patents. Not the plaintiff in Disc Disease Solutions v. VGH Solutions. In that case … Continue reading
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Be Careful Of What You Wish For, You Just Might Get It
Wouldn’t it be great in a products liability case if you could link your defendant to Saddam Hussein, or introduce evidence that the defendant maintains a racially hostile workplace? Not so much, says the Fifth Circuit. On April 25, 2018, … Continue reading
Posted in Fifth Circuit Court of Appeals
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Finjan v. Blue Coat Systems – Some Clues For Properly Claiming Reasonable Royalty Damages In Patent Cases
On January 10, 2018, the Federal Circuit issued its opinion in Finjan v. Blue Coat Systems (available here). A jury found Blue Coat liable for infringement of four Finjan patents, and awarded approximately $39.5 million in reasonable royalty damages. The … Continue reading
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Judge Kinkeade Cuts Jury Award in Oculus Case By $250 Million
On June 27, 2018, Judge Kinkeade entered an Order (available here). The Order granted Defendants’ motion for judgment as a matter of law on Plaintiffs’ false designation of origin claim. The jury had awarded $250 million on this claim against … Continue reading
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Federal Circuit Tosses $140 Million Jury Award In View of Entire Market Value Rule
On July 3, 2018, the Federal Circuit issued its opinion in Power Integrations v. Fairchild Semiconductor (available here). The jury had awarded approximately $140 million, finding that the entire market value rule applied in calculating damages. The Federal Circuit reversed, … Continue reading
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Federal Circuit Slaps Down Yet Another Patent Damages Award in Exergen v. Briggs & Stratton
On January 12, 2018, the Federal Circuit issued its decision in Exmark Manufacturing v. Briggs & Stratton Power Products (available here). In the case, the jury awarded over $24 million in compensatory damages, which the district court doubled as enhanced … Continue reading
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