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Three Point Shot - May 2019
After a couple of rounds of litigation, on March 18, 2019, the Supreme Court declined to review an antitrust lawsuit between Topgolf Int'l, Inc. ("Topgolf"),
United States
7 Jun 2019
Proposed Anti-Hybrid Regulations Under Sections 267A, 245A, And 1503(d)
On December 20, 2018, the Internal Revenue Service (the "IRS") and the Department of the Treasury (the "Treasury") ...
United States
30 Jan 2019
USPTO Announces 2019 Revised Patent Subject Matter Eligibility Guidance
On January 4, 2019, the United States Patent and Trademark Office ("USPTO") released a significant, much-awaited revision ...
United States
21 Jan 2019
Three Point Shot - December 2018
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer.
United States
28 Dec 2018
Court Sends Networking Patent Inventorship Dispute To Bench Trial
The Patent Office denied institution of the IPR without comment on the inventorship.
United States
17 Dec 2018
First-Filed Rule Prompts Dismissal Of Heated Products Case In Favor Of Warmer Venue
In a recent order allowing a defendant's motion to dismiss a case involving heated products and heat pack technology, Judge Sorokin clarified a specific application of the first-filed rule.
United States
9 Nov 2018
Gun Trigger Patent Lawsuit Misfire Does Not Warrant "Exceptional Case" Finding
After a lengthy and circuitous patent proceeding between plaintiff O.F. Mossberg & Sons and defendants Timney Triggers, LLC and its related manufacturing entity, which ultimately resulted in Mossberg voluntarily...
United States
5 Nov 2018
Inventorship Claim In Disease Treatment Patent Dispute Survives Motion To Dismiss
Determining who qualifies as an inventor on a patent application requires careful attention to the facts surrounding each person's contribution to conception of the invention, as embodied in the patent claims.
United States
23 Oct 2018
Court Disqualifies Law Firm In Patent Suit, Finding No Quick Fix For Rule 1.7 Violation
Chief Judge Saris in the District of Massachusetts recently granted a motion to disqualify the Sunstein law firm from representing Altova in a patent suit against Syncro Soft, upon finding that the conflict...
United States
14 Sep 2018
Massachusetts Governor Vetoes Proposed Anti-Patent Troll Legislation
Massachusetts governor Charlie Baker vetoed proposed legislation intended to combat assertions of patent infringement made in bad faith against state businesses and residents.
United States
20 Aug 2018
False Patent Marking Counterclaim Dismissed For Failure To Plead Deceptive Intent With Particularity
In a recent decision involving a dispute between head-to-head competitors in the market for "poster boards and poster board accessory products,"
United States
14 Aug 2018
Supreme Court Opens The Floodgates For Foreign Lost Profits Damages
The Court's decision reversed a Federal Circuit ruling that the patent holder could not receive lost profits stemming from overseas activity.
United States
20 Jul 2018
New Local Patent Rules May Speed Up Patent Litigation In Massachusetts
Massachusetts is home to one of America's chief innovation hubs.
United States
3 Jul 2018
"Blatant And Unapologetic" Judge Shopping Warrants "Exceptional Case" Determination
In a dramatic conclusion to the nearly seven year old patent litigation between Datatern and Microstrategy (including a number of Microstrategy's customers), Judge Saylor in the District of Massachusetts recently awarded attorneys' fees based on Datatern's "blatant and unapologetic" judge shopping in the early stages of the case.
United States
25 Jun 2018
Supreme Court Rules That PTAB Must Review In IPRs All Challenged Claims, Or None At All
In its second opinion this week with wide-ranging implications for the inter-partes review ("IPR") process, the Supreme Court on Tuesday addressed whether the Patent Trial and Appeal Board ("PTAB")...
United States
30 Apr 2018
In Face Of Separation Of Powers Challenge, Supreme Court Upholds Patent Office Inter Partes Review
Some call it the patent death squad. Others laud it as a powerful weapon in the battle against patent trolls. Whatever one's opinion on the matter ...
United States
27 Apr 2018
Complaint Sheltered From Dismissal In Patent Row Over Personal Tents
A recent opinion from Judge Shea in the District of Connecticut sheds important light on the sufficiency of pleadings in declaratory judgment patent cases.
United States
28 Mar 2018
Cold To Mootness Challenge, But Warm To Inequitable Conduct Defenses
In a recent opinion from the District of Massachusetts, Judge Woodlock provided a reading on the mootness of an inequitable conduct counterclaim ...
United States
9 Mar 2018
Electronic Return Receipt Patent Dispute Dubbed "Exceptional Case" After Summary Judgment Award
In the long-standing patent dispute between Sophos and RPost, Judge Casper recently issued the oft-sought but rarely received award of attorneys' fees, after finding that the case was "exceptional."
United States
26 Feb 2018
Electronic Return Receipt Patent Dispute Dubbed "Exceptional Case" After Summary Judgment Award
As to why the case was allegedly "exceptional," Sophos focused on RPost's litigation positions and conduct during discovery.
United States
21 Feb 2018
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