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All articles tagged '"Federal Circuit"'
14 articles found
The Impact of Confidentiality on Reasonable Royalty Determinations in Patent Disputes
By Kyle Bailey - April 1, 2019
Under 35 U.S. Code § 284, a patentee involved in patent infringement litigation is entitled to recover damages “adequate to compensate for the infringement.”
Federal Mediation Privilege: Considerations for Patent Mediation
By Kyle Bailey - March 13, 2019
Participants in patent mediation must be careful not to make assumptions regarding mediation privilege.
SCOTUS Declines to Review $455 Million International Arbitration Award in Biotech Patent Dispute
By Beth Graham - December 27, 2017
The United States Supreme Court has declined to consider whether an international arbitration tribunal’s award in a breach of contract and patent infringement lawsuit should be overturned.
Appellate Court Refuses to Order Uber-Waymo Dispute to Arbitration
By Beth Graham - September 25, 2017
A federal appellate court has affirmed a lower court’s order denying a motion to compel arbitration in a dispute between Uber Technologies and Google Corporation's self-driving car spin-off, Waymo LLC.
U.S. Supreme Court Holds Federal Circuit Must Provide More Deference to District Court Factual Findings in Support of Patent Claim Construction
By Beth Graham - January 21, 2015
In a 7-2 decision, the United States Supreme Court has rejected the U.S. Court of Appeals for the Federal Circuit’s practice of reviewing all instances of district court patent claim construction using a de novo standard. In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854 (January 20, 2015), a pharmaceutical company, Teva, held the patent for the manufacturing method used to create a drug called Copaxone.
U.S. Supreme Court Asked to Review Case Where Mediator Conflict Existed
By Beth Graham - January 8, 2015
The United States Supreme Court has reportedly been asked to review a federal court’s order refusing to set aside a jury’s verdict where a court-appointed mediator failed to disclose his close personal relationship with a partner at the law firm representing several of the defendants.
2011 Mediation Case Law
By Victoria VanBuren - January 4, 2012
In addition to our mediation series, during 2011 we published these posts discussing mediation case law: Federal Circuit Declines to Recognize a Mediation Privilege Texas Court of Appeals Dismisses Appeal Because Appellant Walked Out of the Court-Ordered Mediation Federal Texas Court Rules for Producing Negotiation Communications Texarkana COA Upholds MSA Where Mediator Resolved Dispute Regarding Scope Ninth Circuit Affirms Mediated Facebook Sett
Federal Circuit Declines to Recognize a Mediation Privilege
By Victoria VanBuren - December 2, 2011
In a patent infringement case, the U.S. Court of Appeals for the Federal Circuit declined to recognize a federal mediation privilege. In Kimberly-Clark Worldwide v. First-Quality Baby Products (Fed. Cir. 2011), Kimberly-Clark Worldwide, Inc. (“K-C”), owner of patents related to disposable absorbent products (such as diapers) brought a patent infringement action against competitor First Quality Baby Products, LLC (“First Quality”). Fis
Federal Circuit Unveils Model Order on E-Discovery in Patent Cases
By Victoria VanBuren - October 3, 2011
To address the problem of excessive costs of the discovery process, particularly in patent litigation, the Advisory Council of the Federal Circuit created recently a task force to draft a model rule for e-discovery governance. The final product, “Model Order on E-Discovery in Patent Cases” was unveiled on September 27 by Chief Judge Randall R. Rader at the 2011 E.D. Texas Bench and Bar Conference. The goal of the Model Order, Chief Ju
E. D. of Texas Refuses to Vacate Judgment Despite Mediated Settlement Agreement
By Beth Graham - February 9, 2011
The Eastern District of Texas has refused to grant a jointly filed motion for vacatur despite that provisions of the parties’ mandatory mediation settlement agreement required vacatur of portions of the court’s earlier judgment. In Ohio Willow Wood Co. v. Thermo-Ply, Inc., No. 9:07-CV-274, (E. D. Tex., February 3, 2011), the Ohio Willow Wood Company (“OWW”) filed a lawsuit against Thermo-Ply, Inc. for alleged infringement of its paten
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