Category Archives: Patent Litigation

On March 23, 2016, Glaser Weil Partner, Mieke Malmberg, along with co-presenter, Jason Angell of Freitas Angell & Weinberg, LLP, presented a one hour talk on changes in patent litigation to participants in a one day conference sponsored by the … Continue reading

Posted in Intellectual Property, Patent Litigation | Tagged , , , , , , , , , , | Comments Off on Glaser Weil Partner Mieke Malmberg Speaking at “Patent Disputes for Our Time: New Realities, New Approaches”, Presented by the State Bar of California

Summary In its February 12, 2016 decision in Lexmark International, Inc. v. Impression Products, Inc., the Federal Circuit addressed two issues: (1) whether patent exhaustion applies when a patented item is sold subject to an express single-use/no-resale restriction, and then … Continue reading

Posted in Intellectual Property, Patent Litigation, PTAB | Tagged , , , , , , , , , , , , , | Comments Off on Lexmark International, Inc. v. Impression Products, Inc. – The Latest on Patent Exhaustion

On January 27, 2016, Glaser Weil Partner, Mieke Malmberg, moderated a panel for the AIPLA Mid-Winter Institute in La Quinta, California. The panel, entitled “Across the (IP) Universe: Developing a Diverse IP Portfolio Including Trademarks, Trade Secrets and Copyrights in … Continue reading

Posted in Intellectual Property, Patent Litigation | Tagged , , , , | Comments Off on Glaser Weil Partner Mieke Malmberg Moderated a Panel for the AIPLA Mid-Winter Institute in La Quinta, CA

Recently, the  Federal Circuit, for a second time this year, evaluated infringement of a method claim.[1]  The Court, vacating the recent panel decision in May, outlined the governing framework for direct infringement of a method claim.  It held that direct … Continue reading

Posted in Intellectual Property, Patent Litigation | Tagged , , , , , , , , , , | Comments Off on The En Banc Federal Circuit in Akamai v. Limelight Broadens the Scope of Direct Infringement under Section 271(a)

In last week’s 6-5 decision in SCA Hygiene Prod. v. First Quality Baby Prod., LLC, No. 2013-1564, 2015 WL 5474261 (Fed. Cir. Sept. 18, 2015), the US Court of Appeals for the Federal Circuit, sitting en banc, reaffirmed that laches … Continue reading

Posted in Intellectual Property, Patent Litigation | Tagged , , , , , , , , , , , | Comments Off on Laches As a Defense to Patent Damages Survives – For Now

In this third article relating to patent damages, we explore the effects of implied indemnification provisions when evaluating who is responsible for litigation costs when faced with an infringement suit. The Uniform Commercial Code (UCC) and California Commercial Code provide … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , , , , , , , , , , , | Comments Off on Navigating Patent Damages Part III: Statutory Indemnification – Implied Warranty Against Infringement

In Internet Patents Corp. v. Active Networks, the Federal Circuit affirmed yet another dismissal of a patent infringement lawsuit due to the asserted patent being invalid for lacking patent eligible subject matter under 35 U.S.C. § 101.  Here, the sole … Continue reading

Posted in Patent Litigation | Tagged , , , , , , | Comments Off on Federal Circuit Attacks Functional Claim Drafting Under 35 U.S.C. § 101

On June 12, 2015, the Federal Circuit issued its decision in Ariosa Diagnostics, Inc. v. Sequenom, Inc.,[1] finding that Sequenom’s patent claiming methods of using cell-free fetal DNA (“cffDNA”) for prenatal diagnosis test is patent ineligible under 35 U.S.C. § … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , , , | Comments Off on Federal Circuit’s Latest Patent Subject Matter Decision in Ariosa v. Sequenom Renders Many Biotech Patents at Risk

In late April, the U.S. Supreme Court adopted changes to the Federal Rules of Civil Procedure which have significant implications for patent plaintiffs.  In an April 29, 2015 order, the high court approved, without comment, changes initially approved by the … Continue reading

Posted in Intellectual Property, Patent Litigation | Tagged , , , , , , , , , | Comments Off on No Suit For You! Changes to Patent Pleading Standard Issued By the U.S. Supreme Court Require More Than Bare Bones Pleading

On May 13, 2015, the Federal Circuit issued the much-anticipated decision in Akamai Technologies, Inc. v. Limelight Networks, Inc. following a remand from the Supreme Court.[1]  The Federal Circuit, in a 2-1 decision, held that “direct infringement liability of a … Continue reading

Posted in Intellectual Property, Patent Litigation | Tagged , , , , , , , | Comments Off on Federal Circuit Reaffirms Single Entity Rule for Divided Infringement under Section 271(a) in Akamai, Making Method Claims Difficult to Enforce