The Federal Circuit affirmed a $371 million enhanced damages award against W.L. Gore for willful infringement of Bard’s vascular graft patent — one of the largest patent verdicts in history — holding that Gore’s employee did not qualify as a joint inventor and that the pioneering PTFE gr
The Supreme Court held that the Hatch-Waxman Act permits generic drug manufacturers to bring counterclaims to correct overbroad Orange Book use codes that improperly block FDA approval for non-patented uses of a drug.
The Federal Circuit affirmed an exceptional case fee award against Allcare Health Management for maintaining objectively baseless patent infringement claims, applying the then-prevailing two-part test for § 285 fee awards and addressing the standard of review for exceptional case determinations — a
The Federal Circuit reversed a finding of indefiniteness in a touchscreen patent dispute, holding that a claim term need not be expressed in traditional means-plus-function form to invoke § 112(f) — and clarified when functional claim language triggers the algorithm-disclosure requirement, with sign
The Supreme Court held that the Bayh-Dole Act does not automatically transfer title to federally funded inventions to universities; a researcher’s prior contractual assignment to a private company defeated Stanford’s patent claim.
The Supreme Court held that induced patent infringement requires knowledge of the patent, and that the willful blindness doctrine — deliberately avoiding confirmation of a high-probability fact — satisfies that knowledge requirement.
The Federal Circuit sitting en banc overhauled the doctrine of inequitable conduct, holding that rendering a patent unenforceable requires both but-for materiality (the undisclosed information would have blocked the patent) and specific intent to deceive the USPTO — dramatically narrowing a defense
The Federal Circuit addressed joint infringement in a healthcare IT patent dispute, holding that when patients and healthcare providers together perform steps of a patented method for online patient-provider communications, neither party alone is a direct infringer — applying the direction-or-contro
The Federal Circuit ruled that the widely used ’25 percent rule of thumb’ for calculating starting-point patent royalties is inadmissible as a matter of law, vacating a $388 million damages award against Microsoft and requiring that every patent royalty calculation be tied to the specifi
The Federal Circuit reversed a summary judgment of obviousness in a deepwater drilling rig patent dispute, holding that the district court failed to give adequate weight to powerful objective evidence of non-obviousness — including commercial success, long-felt need, and failure of others — and rema