Dow Lohnes Patent Alert: Federal Circuit rules no burden-shifting in...
(Obviousness/Best Mode) Today, Mon., Apr. 16, 2012, in Eurand v. Mylan, No. 2011-1399, the Federal Circuit (Newman, O’Malley and Reyna) reversed a bench trial judgment that pharmaceutical patents...
View ArticleDow Lohnes Patent Alert: Federal Circuit Holds that Burden of Proof on...
(Burden of Proof in Declaratory Judgment Actions) On Tues., Sept. 18, 2012, in Medtronic Inc. v. Boston Scientific Corp. et al., Nos. 2012-1313, -1372, the Federal Circuit (Lourie, Linn, and Prost)...
View ArticleScope of IEEE RAND obligations a hotly-contested issue in Innovatio IP...
As many of you are aware, a non-practicing entity named Innovatio IP Ventures has been engaged in a widespread licensing and litigation campaign over WiFi-related patents that were formerly owned by...
View ArticleRecent Supreme Court grant of petition for certiorari may have implications...
Back in September 2012, we posted a Dow Lohnes Patent Alert on the Federal Circuit’s decision in Medtronic v. Boston Scientific. In that case, the court held that in an action where a licensee in good...
View ArticleSupreme Court Rules that Burden to Show Infringement in Declaratory Judgment...
Today, the U.S. Supreme Court issued its opinion in Medtronic, Inv. v. Mirowski Family Ventures, LLC, unanimously reversing the Federal Circuit’s decision below and resolving two issues that are...
View ArticlePatent Case Alert: Supreme Court adopts more flexible, deferential test for...
Today, the U.S. Supreme Court issued two opinions (Octane Fitness and Highmark) that create a more flexible, deferential standard for determining what constitutes an “exceptional” patent case in which...
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