Judge Connolly of the Delaware District Court, which handled about 20% of all patent cases in 2020, recently ruled that a complaint for indirect infringement or enhanced damages fails to state a claim when the “defendant's alleged knowledge of the asserted patents is based solely on the content of that complaint or a prior version of the complaint filed in the same lawsuit.”
Read more »Tag: patent litigation
-
Complaint Itself Cannot Meet Knowledge Requirement For Indirect & Willfulness Claims, Says Delaware District Court Posted on: March 29, 2021 In: Intellectual Property & Technology
-
Patent Litigation Trends in the Wake of TC Heartland Posted on: April 25, 2019 In: Intellectual Property & Technology
In May 2017, the Supreme Court issued TC Heartland v. Kraft Foods Group Brands, a decision that many expected would significantly limit forum shopping in patent cases. Prior to that case, patentees could file infringement lawsuits in any court with personal jurisdiction over the accused infringer, so most corporations were subject to suit in every district court.
Read more »
-
The Ongoing Evolution Of Patent Venue Posted on: March 21, 2019 In: Intellectual Property & Technology
A refresher and update on the ongoing evolution of what constitutes proper venue in a patent case. For over 20 years, venue in a patent case was proper in essentially any court in the United States. That all changed in May 2017 when the Supreme Court held in TC Heartland LLC v. Kraft Food Grp. Brands, LLC that 28 U.S.C. §1400(b) is the sole and exclusive venue provision for patent infringement actions, and cannot be supplemented by the general venue statute at 28 U.S.C. §1391.
Read more »
-
Welcome to Lewis Brisbois’ IP & Technology Law Blog Posted on: December 05, 2018 In: Intellectual Property & Technology
The realm of Intellectual Property and Technology law can be tough to keep up with. The 10 millionth US patent was issued in June 2018. Valuable IP and strong branding are coveted business assets for both established and start-up companies, nationally and internationally. In recent years, the amount of IP and patent litigation has soared, and the rapid pace of technological development will only see these cases increase as companies seek to protect and defend their creative assets.
Read more »
Blog Search
Featured Posts
- February 10, 2023 Historic Hermès Jury Verdict Paves Way for Digital Trademark Rights
- January 13, 2023 Sports Law: A Year in Review & What to Watch for in 2023
- January 06, 2023 Federal Trade Commission Cracks Down on Non-Compete Agreements
- December 06, 2022 Just In Time: Last Minute Compliance Tips for the CPRA and VCDPA
- November 01, 2022 A CROWNing Achievement for Massachusetts
- October 18, 2022 White House Issues Executive Order on EU-U.S. Data Privacy Framework
- September 09, 2022 Fifty Years of Progress: The Legal History of Title IX