4,287 results found

Addressing the issue of claim construction in terms of statements made in a public record, the U.S. Court of Appeals for the Federal Circuit held that it was not bound to the U.S. Patent and Trademark Office’s (USPTO) interpretation of a claim, even in reexamination proceedings.

The U.S. Court of Appeals for the First Circuit has held that a musical composition that was not sufficiently similar to a registered composition to give rise to an inference of actual copying does not infringe that composition. Johnson v. Gordon, Case No. 04-2475 (1st Cir. May 31, 2005) (Selya, J.).

If a district court is going to deny or reduce an award of attorney fees, it must provide an adequate explanation for doing so.

Addressing the correlation between an offer of judgment pursuant to Federal Rule of Civil Procedure 68 and a reasonable royalty determination under 35 U.S.C. §284, the U.S. Court of Appeals for the Federal Circuit held that an offer of judgment pursuant to Rule 68 did not constitute a "litigation royalty" "expressly determined…in accordance with the law applicable to 35 U.S.C. §284." Parental Guide of Texas, Inc. v. Thomson, Inc., Case No. 05-1493 (Fed. Cir. Apr. 21, 2006) (Clevenger, J; Rader,

The U.S. Court of Appeals for the Federal Circuit found a district court did not abuse its discretion in holding 15 patents unenforceable for multiple improprieties by the patentee. Nilssen, et al. v. Osram Sylvania, Inc., et al., Case No. 06-1550 (Fed. Cir., Oct. 10, 2007) (Lourie, J.).

In a recent decision, the U. S. Court of Appeals for the Seventh Circuit ordered the defendant-appellant to pay the plaintiff-appellee’s attorneys’ fees

In its second Eleventh Amendment decision in as many days, the U. S. Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a declaratory judgment action against the Board of Regents of the University of Texas System.

The District of New Jersey granted defendants' motions to stay pending inter partes reexamination of the patents-in-suit, agreeing with defendants that "stays pending reexamination are freely given in this District, as almost every reported New Jersey District Court opinion that has considered the issue has granted a stay where a reexamination request was pending.

In the US, attorneys' fees generally are not available to the winning party unless authorized by statute or the parties have agreed to permit a fee award.

Addressing the issue of trade dress infringement, the U.S. Court of Appeals for the Third Circuit affirmed in part and reversed in part the district court’s decision denying a preliminary injunction against the sale of artificial sweetener in yellow packets.

On June 4, 2026, the U.S. Supreme Court issued a unanimous opinion in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. Justice Jackson, writing for the Court...

Two Wolf Greenfield attorneys share their unconventional journeys into intellectual property law, revealing how their previous careers as a US Navy officer and quality control...

The United States District Court for the Western District of Pennsylvania has proposed a set of changes to its local rules governing patent infringement cases.

The U.S. government is signaling it will appeal a court order requiring automated refunds for unlawful tariffs paid under IEEPA, potentially forcing importers with finally liquidated entries to file individual court claims.

Judge Shaw issued Order No. 22 in Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, Inv. 337-TA-1012, denying the Sony Respondents' motion to extend witness statement page limits.

With the growth of litigation funding as a mechanism for financing litigation, companies interviewing and ultimately selecting a funder inevitably share work product with them.

The controversial reform of New Jersey's affordable housing landscape has been brought to a standstill once again. On March 8, 2012, the Appellate Division of the Superior Court of New Jersey, in response to a challenge brought by the Fair Share Housing Center advocacy group, ruled that Governor Chris Christie's abolition of the Council on Affordable Housing (COAH) exceeded his authority under the New Jersey State Constitution and State statutes.

The Ninth Circuit reversed a district court's denial of a motion to compel arbitration in a wage and hour class action, finding the arbitration agreement neither procedurally nor substantively unconscionable. The court distinguished the case from Cook v. University of Southern California by analyzing the agreement's limited scope to employment-related claims, inherent duration limitations, sufficient mutuality, and severability of PAGA waivers.