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Recent Posts
- Patent Pilot Program To Expire In July 2021
- Repeat Copyright Plaintiff (Who Is Also Attorney Who Represents Himself) Hit With $172,173 Award For Losing Copyright Case
- Federal Circuit to W.D. Tex.: Court Congestion Not Enough To Justify Keeping Case On Transfer Motion
- Supreme Court Holds That Booking.Com May Be A Trademark
- Post-Judgment Discovery Revealing Party As Judgment-Proof Shell Company Warrants Re-Opening Case And Joining New Parties (Including Party’s Owners and Law Firm)
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Category Archives: Federal Circuit Court of Appeals
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
Posted in Developing Law, Federal Circuit Court of Appeals, Non-N.D. Tex. Notable Decisions
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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
Posted in Developing Law, Federal Circuit Court of Appeals, Non-N.D. Tex. Notable Decisions
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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
Posted in Developing Law, Federal Circuit Court of Appeals
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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
Posted in Federal Circuit Court of Appeals
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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
Posted in Developing Law, Federal Circuit Court of Appeals
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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
Posted in Developing Law, Federal Circuit Court of Appeals
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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
Posted in Federal Circuit Court of Appeals
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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
Posted in Federal Circuit Court of Appeals, Judge O'Connor
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Federal Circuit Holds That Companies May Keep Confidential Information Sealed In Pre-Trial And Post-Trial Motions
On August 23, 2013, the Federal Circuit issued its opinion in Apple v. Samsung (available here). Apple had sought to seal the following categories of information: (1) confidential financial information; (2) confidential source code and schematics; (3) proprietary market research reports; … Continue reading
Posted in Federal Circuit Court of Appeals, Practice Tips
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Federal Circuit Pulls Model Orders From Its Website
We’ve previously discussed two model orders from the Federal Circuit Advisory Council: one dealing with e-discovery and the other dealing with limiting claims/prior art references. The Federal Circuit recently pulled these model orders from its website, and has issued the … Continue reading
Posted in Discovery, Federal Circuit Court of Appeals
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