Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: Procedure

Patent Case: Federal Circuit denies mandamus in two cases seeking transfer of patent assertion entity cases

Posted in Appeals, Court Orders, Litigation, Non-Practicing Entities, Patent Alerts
Yesterday, in two separate precedential decisions on mandamus, the Federal Circuit refused to overturn the district courts’ decisions not to transfer patent assertion entity cases to the defendants’ home forum: In re Apple, Misc. 13-156 (mandamus from E.D. Tex.) and In re Barnes Noble, Misc. 13-162 (mandamus from W.D. Tenn.).  Both mandamus orders were decided by the … Continue Reading

Patent Alert: Federal Circuit Permits Appeal of Liability Prior to Damages or Willfulness Determination (Robert Bosch v. Pylon)

Posted in Appeals, Patent Alerts
Today, June 14, 2013, in Robert Bosch LLC v. Pylon Manufacturing Corp., No. 2011-1363, 1364, an en banc Federal Circuit ruled that parties can appeal a decision on liability in patent infringement cases before there has been a trial on damages or willfulness. Under 28 U.S.C. § 1292(c), the Federal Circuit has exclusive jurisdiction “of … Continue Reading

Patent Alert: Federal Circuit orders Rule 11 sanctions for frivolous claim construction (Raylon v. Complus)

Posted in Patent Alerts
On December 7, 2012, in Raylon, LLC v. Complus Data Innovations, Inc., No. 2011-1355, the Federal Circuit (Prost, Moore and Reyna) vacated a decision by the Eastern District of Texas that had denied Rule 11 sanctions based on a frivolous claim construction argument.  This case reflects a Federal Circuit response to concerns in the patent bar … Continue Reading

Patent Alert: Federal Circuit sustains contempt for violating injunction previously entered as part of default judgment (Merial v. Cipla)

Posted in Patent Alerts
Today, Thu., May 31, 2012, in Merial v. Cipla, No. 2011-1471, the Federal Circuit (Lourie, Schall (dissent) and Reyna) affirmed entry of contempt for violating an injunction that had been entered as part of a default judgment against a foreign defendant that had not contested the original action because that defendant believed personal jurisdiction was not … Continue Reading

Patent Alert: Federal Circuit creates “sameness test” for joinder of multiple defendants (In re EMC)

Posted in Patent Alerts
Today, Fri., May 4, 2012, in In re Misc EMC, Misc. No. 100, the Federal Circuit (Rader, Dyk and Moore) granted mandamus and ordered the  E.D. Tex. district court to reconsider its ruling that allowed joinder of 18 defendants based on a new “sameness test” for joinder (rejecting the district court’s “not dramatically different” test).  The new sameness … Continue Reading

Patent Alert: Supreme Court rules district court hearing appeal from PTO may consider new evidence and make de novo fact finding (Kappos v. Hyatt)

Posted in Patent Alerts
Today, Wed., Apr. 18, 2012, in Kappos v. Hyatt, No. 10-1219, the Supreme Court (Thomas) (Sotomayor and Breyer concur) affirmed the Federal Circuit’s ruling that permits new evidence in an appeal to a district court under Section 145 from an adverse Patent Office ruling on a patent application… Continue Reading

Patent Alert: Federal Circuit split on claim scope disavowal (Digital Vending v. Univ. Phoenix)

Posted in Patent Alerts
On Wed., Mar. 7, 2012, in Digital Vending v. Univ. of Phoenix, No. 2011-1216, the Federal Circuit (Rader, Linn and Moore (dissent-in-part)) issued a split decision on whether there had been a clear disavowal of claim scope.  Judge Moore concluded that “[i]t is difficult to imagine a clearer case of disavowal.”  The Majority, however, found that “the … Continue Reading