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Patent Infringement

This tag is associated with 8 posts

U.S. Supreme Court Rejects Good-Faith Invalidity Defense to Induced Patent Infringement

On May 26, 2015, the U.S. Supreme Court issued its decision in Commil USA LLC v. Cisco Systems, Inc., 575 U. S. ____ ( 2015), rejecting the Federal Circuit Court of Appeals’ recognition of a defense to induced patent infringement claims based on the good-faith belief that a patent is invalid.  The Federal Circuit Court … Continue reading

They Believed The Patent Was Invalid, But Is That Enough To Avoid Liability For Inducing Infringement?

The answer should be a resounding “no,” according to the United States and Commil USA, LLC, the recipient of a multi-million dollar jury award against Cisco Systems, Inc.  Last week, the U.S. Supreme Court heard arguments in Commil USA, LLC v. Cisco Systems, Inc. (No. 13-896), which probes whether one who induces infringement of another’s … Continue reading

Congress Takes Up Patent Litigation Reform – Innovation Act Reintroduced, Supreme Court Cases Examined

Patent litigation reform has been on the U.S. House Judiciary Committee agenda, with the recent reintroduction of legislation seeking to address patent litigation abuses and a hearing examining recent U.S. Supreme Court cases that have imposed some reforms that may, or may not, curtail the need for further legislative efforts.  In February, Chairman of the … Continue reading

Big Day for Patent Holders: U.S. Supreme Court to Decide if Good-Faith Defense to Induced Patent Infringement Survives

Imagine that you are fighting to enforce your valid patents and after winning two jury verdicts you feel vindicated by the $74 million award you have been granted for the defendant’s role in inducing the infringement…then the appellate court says “try again,” because the defendant believed in good-faith that the patent was invalid.  Today you may … Continue reading

North Carolina Abusive Patent Assertions Act (H1032) Makes Its Way Through General Assembly

The 2013 General Assembly convened its 2014 Regular Session on Wednesday, May 14, 2014 with the introduction of House Bill 1032 The Abusive Patent Assertions Act by primary sponsor Representative Tom Murry (Rep).  The Bill also is sponsored by Representatives Conrad, Lambeth, S. Martin, Pittman, Saine, and  Whitmire.  The Act recognizes that the assertion of bad‑faith patent … Continue reading

The “Burden” of Patent Infringement

In an April 25, 2014 article published in Bloomberg BNA’s Patent, Trademark & Copyright Journal, MVA Intellectual Property Member Mark Wilson examines the U.S. Supreme Court’s recent decision in Medtronic, Inc. v. Mirowski Family Ventures, LLC, 134 S.Ct. 843 (2014) in which the High Court reversed the U.S. Court of Appeals for the Federal Circuit … Continue reading

U.S. House Committee Holds Hearing on Abusive Patent Demand Letters

On April 8, 2014, the U.S. House Committee on Energy & Commerce, Subcommittee on Commerce, Manufacturing, and Trade held a hearing “Trolling for a Solution: Ending Abusive Patent Demand Letters.”  The purpose of the hearing was to discuss ways to balance the need to curb the increasing abuse of patent demand letters by “bad actors” … Continue reading

Federal District Courts Continue to Use Local Patent Rules

            In our last post, we discussed proposed amendments to the Federal Rules of Civil Procedure recently published for comment by the Judicial Conference Advisory Committee.  Two years ago, I sat on a similar advisory committee for the U.S. District Court for the Western District of North Carolina with the mission to devise a set … Continue reading

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