Nondisclosure of test results disclosed to testifying expert results in sanctions, but not dismissal In a recent decision, the Federal Circuit affirmed-in-part and reversed-in-part a district court's ruling sanctioning the plaintiffs and their attorney in a case both monetarily and by striking the plaintiffs' pleadings. The sanctionable conduct was the withholding of certain test results of the allegedly infringing product that arguably showed the product did not infringe. The […] Continue Reading →
Today’s Federal Circuit practice tip: don’t misrepresent the record or the law In a recent decision, the Federal Circuit awarded sanctions against the plaintiff-appellant for filing and pursuing a frivolous appeal against one of four defendant-appellees. The court observed the plaintiff-appellant failed to explain how the district court erred in its determination that this defendant did not infringe and also made misrepresentations of the record and law […] Continue Reading →
Failure to disclose patents to SSO results in unenforceabilty against products using standard In a recent decision, the Federal Circuit affirmed-in-part a district court decision that a patentee had breached a duty to disclose relevant video-compression technology patents while participating in a joint video team standards-setting organization (SSO). The Federal Circuit, however, reversed in part the district court decision finding the patents unenforceable against the world, instead holding […] Continue Reading →
First Circuit: Don’t expect to win on appeal if you admit 7 of 8 likelihood of confusion factors In a decision Friday, the First Circuit affirmed a district court's summary judgment of trademark infringement and an associated award of the defendant's profits and attorney fees to the plaintiff. The defendant used the plaintiff's registered marks in both the metatags of its website as well as in white text on a white background in […] Continue Reading →
Finding of inequitable conduct without considering materiality vacated In a decision on Friday, the Federal Circuit reversed a district court's summary judgment of invalidity and noninfringement and subsequent finding of inequitable conduct. The court also vacated the district court's exceptional case finding and the associated award of attorney's fees.The plaintiff was initially awarded partial summary judgment of infringement of six patents. The district […] Continue Reading →
Seventh Circuit: Prevailing defendants should have greater presumption of fees in copyright cases In a decision Wednesday, the Seventh Circuit reversed a district court's denial of attorney fees to a prevailing defendant in a copyright case. The district court found that, as a matter of law, no copyright infringement occurred, but declined to award attorney's fees.The Seventh Circuit reversed. The court held the suit was frivolous, and brought […] Continue Reading →
Failure to consider evidence of good faith leads to reversal of inequitable conduct finding In a decision last week, the Federal Circuit affirmed a district court's finding of no infringement and invalidity for obviousness, and reversed the district court's finding of unenforceability due to inequitable conduct.The Federal Circuit, citing KSR, noted that an obviousness analysis can take account the inferences and creative steps that a person of ordinary skill […] Continue Reading →
Litigation misconduct and inequitable conduct lead to exceptional case, fees for defendant In a decision yesterday, the Federal Circuit affirmed an award of attorneys' fees for a prevailing defendant in an infringement case. The district court held the case was exceptional under § 285 because the patent holder had engaged in inequitable conduct (a finding previously affirmed), asserted frivolous claims, and engaged in litigation misconduct. The district […] Continue Reading →
Three sentences insufficient to explain why a case is exceptional In a decision yesterday, the Federal Circuit vacated an award of attorney fees under § 285. The district court only provided a three-sentence explanation as to why the case was exceptional. The Federal Circuit found this insufficient, as there was no explanation of the facts underlying the findings made by the court. As a result, […] Continue Reading →
Ninth Circuit: No statutory damages for continuing infringement that began before registration In a decision last week, the Ninth Circuit reversed a district court's award of statutory damages for copyright infringement and affirmed the district court's default judgment award of attorney's fees for trademark infringement. The plaintiff's copyright registration had an effective date of approximately one month after the first act of infringement, and nearly two years […] Continue Reading →