Argument Recap

Settlement Leaves Important Question Unanswered – Power Integrations, Inc. v. Fairchild Semiconductor International, Inc.

An interesting case that was set to be argued this week involved Power Integrations, Inc. and Fairchild Semiconductor International, Inc. This case presented the question of whether foreign lost profits may be recovered when patent infringement is proven under 35 U.S.C. § 271(a)—that is, for direct patent infringement, which requires that the infringement occur within the United States. This case—involving a rare interlocutory appeal—was one of only two cases set to be argued this month that included an amicus brief. The parties, however, settled the case and the Federal Circuit granted a joint motion to dismiss the appeal. Thus, while this blog post ordinarily would have been a recap of the oral argument, instead we are limited to analyzing the briefing in the case, highlighting the lingering question the case presented and the parties’ arguments on point.

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Argument Recap

Argument Recap – Network-1 Technologies, Inc. v. Hewlett-Packard Company

As previewed on this blog, an important case that was argued this week at the Federal Circuit is Network-1 Technologies, Inc. v. Hewlett-Packard Company. This case involves a dispute regarding the correct application of 35 U.S.C. § 315(e)(2), which prohibits a petitioner in an inter partes review that results in a final written decision from asserting in a patent infringement case that a patent claim is invalid on any ground that the petitioner “raised or reasonably could have raised during that inter partes review.” A panel of the Federal Circuit including Judges Prost, Newman, and Bryson heard oral arguments in this case on Monday. Here is our argument recap.

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Argument Recap

Argument Recap – VirnetX Inc. v. Apple Inc.

Another case we’re following from the Federal Circuit’s October sitting is VirnetX Inc. v. Apple Inc., which involves review of a judgment of $502 million in damages for patent infringement. Here is a recap of the oral argument, which was held last Friday before Judges Lourie, Mayer, and Taranto.

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Argument Recap

Argument Recap – Cardionet, LLC v. InfoBionic, Inc.

Last week the Federal Circuit heard oral arguments during its October sitting in Dallas-Ft. Worth and Washington DC. Here is a short recap of Cardionet, LLC v. InfoBionic, Inc., one of the argued cases we’re following, which involves the doctrine of patent eligibility.

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Argument Recap / Featured / Supreme Court Activity

Argument Recap – Peter v. NantKwest

Today the Supreme Court heard oral argument in Peter v. NantKwest, and—to put it lightly—the government had a tough go. Malcolm Stewart of the Office of the Solicitor General faced a barrage of questions finding fault with the government’s position that patent applicants must pay the U.S. Patent and Trademark Office’s attorneys’ fees when challenging rejections in federal district court. NantKwest’s Morgan Chu, by contrast, faced many questions seeking to clarify the historical record and NantKwest’s position, but few directly challenging NantKwest’s position on the merits.

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Argument Recap

Argument Recap – Fraunhofer-Gesellschaft v. Sirius XM Radio Inc.

Last week the Federal Circuit heard oral arguments during its September sitting in Washington DC. Here is a short recap of Fraunhofer-Gesellschaft v. Sirius XM Radio Inc., one of the argued cases we’re following.

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Argument Recap

Argument Recap – Sanofi-Aventis Deutschland v. Mylan Pharmaceuticals Inc.

Last week the Federal Circuit heard oral arguments during its September sitting in Washington DC. Here is a short recap of Sanofi-Aventis Deutschland v. Mylan Pharmaceuticals Inc., one of the argued cases we’re following.

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Argument Recap

Argument Recap – Keith Manufacturing Co. v. Butterfield

Last week the Federal Circuit heard oral arguments during its September sitting in Washington DC. Here is a short recap of Keith Manufacturing Co. v. Butterfield, one of the argued cases we’re following. The case stands out for two reasons: the appellant did not file any reply brief, and the appellee did not make any oral argument.

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Argument Recap

Argument Recap – Intellectual Ventures I LLC v. EMC Corp.

Last week the Federal Circuit heard oral arguments during its September sitting in Washington DC. Here is a short recap of Intellectual Ventures I LLC v. EMC Corp., one of the argued cases we’re following.

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