Posts Tagged: "patent infringement"

Worldwide Litigation of SEPs: Piecemeal Remedies for SEP Infringement Across the World

Technological standards promulgated by standards-setting organizations (SSOs) have greatly advanced the state of consumer technologies in areas like wireless communications. However, when dealing with infringing standards implementers, the remedies that one system of national courts provides can vary widely from another system. Navigating this complex system of global litigation and competing remedies against infringers was the subject of “Worldwide Litigation of SEPs: What the FRAND is Going On?,” a panel taking place on the third and final day of IPWatchdog LIVE 2022.

CAFC Affirms Dismissal of Arendi’s Second Complaint Against LG After Failure to Follow Delaware’s Initial Disclosure Rules

On September 7, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Arendi S.A.R.L. v. LG Electronics Inc., authored by Circuit Judge Sharon Prost, affirming the District of Delaware’s dismissal of a patent infringement complaint filed by Arendi under the duplicative-litigation doctrine. The ruling highlights the importance of adhering to local rules on initial disclosures in Delaware, one of the most popular U.S. district courts for patent infringement litigation.

Third Circuit Says Patent Owner Failed to Show Banks Control Askeladden, So No Breach of Contract

The U.S. Court of Appeals for the Third Circuit on August 31 affirmed a district court’s ruling that Verify Smart Corp had failed to plausibly allege an agency relationship between Wells Fargo and Bank of America (the “Banks”) and a banking industry group’s subsidiary sufficient to prove the Banks enlisted the subsidiary to challenge a patent they were contractually prohibited from challenging themselves.

Failure to Present Base Station Source Code at ITC Dooms INVT’s Appeal Despite New Claim Construction

On August 31, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in INVT SPE LLC v. International Trade Commission (ITC) affirming the ITC’s ruling that Apple and other respondents in a Section 337 investigation did not infringe upon INVT’s patent claims covering wireless communications systems and that there was no Section 337 violation. While the Federal Circuit did side with INVT’s arguments that its patent claims were drawn to device capability and not actual operation, the CAFC opinion, authored by Circuit Judge Raymond Chen, found that INVT did not produce evidence that the accused devices possessed the capability covered by the patent claims.

‘Software Ownership is Killing Innovation’—Controversial Author Calls for a Reboot

Creative destruction, once a hallmark of progressive capitalism, is no longer working. Powerful companies that control software and silo valuable data are impeding innovation and threatening society. That is the conclusion of a recently published book, The New Goliaths: How Corporations Use Software to Dominate Industries, Kill Innovation, and Undermine Regulation. The author, James Bessen, vilifies the impact of software ownership and the ability of patents and other rights to effectively promote innovation and encourage competition.

OpenSky/VLSI Parties Battle it Out in Briefs to Vidal

Late last week, the parties to the U.S. Patent and Trademark Office (USPTO) Director Review of the Patent Trial and Appeal Board (PTAB) institution decisions in OpenSky Industries, LLC v. VLSI Technology LLC, IPR2021-01064 and Patent Quality Assurance, LLC v. VLSI Technology LLC, IPR2021-01229, filed their opening briefs. While OpenSky vehemently denied any abuse of the PTAB system, VLSI said the cases force the USPTO to answer the question “whether the Office should allow itself to be used to facilitate extortion.”

CAFC Says Generic Blood Pressure Product Described in ANDA Will Not Infringe Par Pharma Patents

In its third precedential patent decision this week, the U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed a district court’s finding that Eagle Pharmaceuticals, Inc.’s abbreviated new drug application (ANDA) does not infringe two patents owned by Par Pharmaceutical, Inc., Par Sterile Products, LLC, and Endo Par Innovation Company, LLC (collectively, Par). The CAFC also affirmed the district court’s denial of declaratory judgment that the sale of the proposed generic product would infringe.

Ingenio’s Failure to Seek Remand Under SAS Institute Dooms CAFC Appeal

On August 17, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Click-to-Call Technologies LP v. Ingenio, Inc. finding in part that, as a matter of law, Ingenio was estopped from challenging the validity of a patent claim on grounds it could have reasonably challenged during inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB). Although the impact of this precedential holding will likely be limited due to the “unusual procedural posture” of this case, which involves a partial IPR institution prior to the U.S. Supreme Court’s 2018 ruling in SAS Institute, the Federal Circuit’s decision does underscore the circuitous nature of PTAB proceedings that often add many years to patent lawsuits filed in U.S. district court.

Federal Circuit Affirms Water Heater Infringement Ruling Based on District Court Claim Construction

On August 3, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision in A. O. Smith Corp. v. Bradford White Corp. which affirmed rulings from the District of Delaware that A. O. Smith’s patent covering a hot-water heater system was both infringed by Bradford White and not invalid. The appellate court ruled that the district court’s construction of a contested limitation within claim 1 was supported by the patent’s specification. Judge Timothy Dyk concurred with the majority’s ruling but argued that the majority should have based its decision to affirm claim construction on evidentiary findings made by the district court.

Induced Infringement: The Knowledge Requirement and When it is Established

To succeed on a claim of induced infringement, a patent owner must show that the accused infringer (1) actively encouraged infringement, (2) knew that the acts they induced constituted patent infringement, and (3) actuated direct patent infringement by those encouraging acts. In many courts, the knowledge requirement can be satisfied by service of a complaint for patent infringement itself. So, the accused infringer can start to incur liability at the onset of litigation. In the minority of courts, only pre-suit knowledge can satisfy the knowledge requirement. In those jurisdictions, the plaintiff must show the accused infringer knew about the alleged infringement before the onset of litigation. The amount of evidence required to show pre-suit knowledge at the pleading phase is an open question.

Federal Circuit Delivers Amazon a Win, Vacating Jury Verdict that Echo Induced Infringement

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday reversed a district court’s denial of judgment as a matter of law (JMOL) to Amazon of no induced infringement and vacated a jury verdict finding that it had induced infringement of Vocalife LLC’s patent for a method of enhancing acoustics. Judge Hughes authored the opinion. The asserted patent was U.S. Patent No. RE 47,049, which covers “methods and systems for ‘enhancing acoustics of a target sound signal received from a target sound source, while suppressing ambient noise signals.’” Vocalife filed suit against Amazon, claiming certain Amazon Echo products infringed the ’049 patent–specifically, Claim 1’s reference to “providing a microphone array system comprising an array of sound sensors positioned in a linear, circular, or other configuration” and “determining a delay . . . wherein said determination of said delay enables beamforming for said array of sound sensors in a plurality of configurations.”

CAFC Says Improper Litigation Conduct Warrants Attorneys’ Fees Award for Netflix

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision affirming a California district court’s award of attorneys’ fees in part to Netflix, Inc. for Realtime Adaptive Streaming LLC’s “improper” litigation conduct. The CAFC said that Realtime’s use of forum-shopping to blatantly avoid an adverse ruling amounted to “gamesmanship” that “constitutes a willful action for an improper purpose, tantamount to bad faith, and therefore [is] within the bounds of activities sanctionable under a court’s inherent power in view of the Ninth Circuit’s standard.” The opinion was authored by Judge Chen and Judge Reyna concurred-in-part and dissented-in-part.

Patent Filings Roundup: Board Denies Petition for Claims Not in Litigation; SK Hynix Hits Longhorn with Declaratory Judgment on Semi Campaigns

It was a slow summer week at the Board with just 23 new petitions—one post grant review and 22 inter partes reviews; in district court, a relatively average 63 new filings and 53 terminations rounded out the count. The major streaming companies, including Disney, challenged WAG Acquisitions [of Woodsford Litigation Funding] patents before the Board; SharkNinja challenges Bissel patents on vacuum cleaners; and FedEx challenged patents owned by Raymond Anthony Joao’s ultra-litigious Transcend Shipping. Apple lost three challenges at institution against an Identity Security LLC (f/k/a Integrated Information Solutions Corporation]. In the district court high-volume litigant M4Siz roped in more retailers, including Abercrombie and Fitch, Under Armor, Victoria’s Secret, and J Crew, bringing the total defendant count to 31; and more semiconductor litigation bloomed, with multiple campaigns filing against Micron and TI this week alone.

Federal Circuit Affirms Denial of JMOL, Partial Costs in Favor of Amazon

The U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed a district court’s ruling denying Innovation Sciences’ post-trial motion for judgment as a matter of law (JMOL) that claims of three of its patents are not invalid and that Amazon.com, Inc. infringed them, or, alternatively, a new trial. The CAFC said that substantial evidence supported the district court’s finding of anticipation, which Amazon proved via expert testimony relating to a prior art home automation software called HAL.

Newman Says CAFC Majority Departed from Claim Construction Law in Blow to Ford Over Fuel System Patents

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday vacated and remanded a decision of the U.S. District Court for the District of Delaware, which had granted judgment of non-infringement for Ford Motor Company on three patents owned by Ethanol Boosting Systems, LLC and the Massachusetts Institute of Technology (EBS). The CAFC, with Chief Judge Moore writing, said the district court’s ruling was based on an erroneous claim construction. Judge Pauline Newman dissented, accusing the majority of departing “from the rule that patent claims are construed in accordance with the invention described in the specification.”


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