Legal News

A Defendant in a Patent Infringement Suit Dismissed for Mootness Based on IPR Success is a “Prevailing Party” Entitled to Costs Under Federal Rule of Civil Procedure 54(d)

November 13th, 2019

Patent Law Issues Embedded In State Law Claims May Not Create Federal Jurisdiction

November 4th, 2019

State Sovereignty Cannot Be Used as a Sword to Overcome Federal Venue Rules for Patent Infringement Suits When the State is Solely a Plaintiff in the Case

September 24th, 2019

Statements Made During Patent Prosecution Held to Limit a Coined Term of Degree Despite No Clear Disavowal of Claim Scope by the Patentee



SUMMARY:  Acknowledging a lack of clear disavowal of claim scope, the U.S. Court of Appeals for the Federal Circuit nevertheless recently upheld the U.S. District Court for the Eastern District of Texas’ claim construction limiting the scope of the phrase “high quality of service connection.” Iridescent Networks, Inc. v. AT&T Mobility, LLC, No. 2018-1449, 2019 […]

A Document Accessible to the Public May Qualify as a Prior Art Reference Even If the Document Was Not Accessed



Summary: Whether a reference is publicly accessible and, therefore, available as prior art depends on whether a person of ordinary skill in the art could, after exercising reasonable diligence, access a reference.  The question of accessibility may depend on a careful, case-by-case examination of how the particular reference was disseminated, to whom, for how long, […]

What’s in a Name? Establishing Irreparable Harm to Brand Equity Can Help Support a Preliminary Injunction



SUMMARY: To obtain a preliminary injunction in a copyright, patent, or trademark infringement case, a party must establish, among other things, a likelihood of success on the merits of its claims and irreparable harm resulting from the infringement.  The party may demonstrate irreparable harm through evidence showing lost brand equity, likely consumer confusion, lost goodwill, […]