The Federal Circuit vacated a $368 million patent verdict against Cisco and Apple in VirnetX’s network security patent case, rejecting the Nash Bargaining Solution as a royalty methodology and requiring strict apportionment to the patented features even when the smallest salable unit is the ac
The Federal Circuit applied the Supreme Court’s newly articulated Nautilus indefiniteness standard to Interval Licensing’s ‘attention manager’ patents, affirming that numerous claims were indefinite while vacating non-infringement findings on other claims based on errors in t
The Federal Circuit affirmed a landmark $1.5 billion damages award against Marvell Technology for willful infringement of Carnegie Mellon University’s hard drive signal processing patents — one of the largest patent verdicts in history — while vacating parts of the damages calculation and rema
The Supreme Court held that patent claims are indefinite and invalid if they fail to inform a skilled artisan with reasonable certainty about the scope of the invention, rejecting the Federal Circuit’s overly lenient ‘insolubly ambiguous’ standard.
The Supreme Court held that §285 ‘exceptional case’ fee-shifting requires only that the case stands out from others in the substantive strength of a party’s position or the unreasonable manner of litigation, rejecting the Federal Circuit’s rigid Brooks Furniture two-prong tes
The Supreme Court held that appellate courts must review §285 exceptional case determinations for abuse of discretion — not de novo — deferring to district courts that are best positioned to evaluate litigation conduct over the life of a case.
The Federal Circuit reversed Judge Posner’s dismissal of patent damages claims and held there is no categorical rule barring injunctions for standard-essential patents — but affirmed that Motorola could not obtain an injunction on its FRAND-committed SEP because it had already committed to lic
The Supreme Court held unanimously that in a licensee’s declaratory judgment action for non-infringement, the patentee bears the burden of proving infringement — the same burden as in an ordinary infringement suit.
The Federal Circuit applied de novo review to all aspects of claim construction and affirmed the invalidity of Teva’s multiple sclerosis drug patents — a ruling the Supreme Court partially reversed in 2015, holding that underlying factual findings in claim construction must be reviewed for cle
The Federal Circuit affirmed the ITC’s exclusion order against Huawei and ZTE for infringing InterDigital’s standard-essential wireless patents, while clarifying important questions about the ITC’s authority to issue exclusion orders involving FRAND-committed patents — decisions th