Intellectual Property News and Reports

Kevin Lavery invented a vision screening device and contracted with Pursuant Health, a company that makes vision screening kiosks, to sell it. He transferred his patent to the company in exchange for royalties on its kiosk sales. When Lavery’s patent... Read more →

Defendant Energera, Inc. agreed not to sue Plaintiff Fuel Automation Station, LLC for infringement of certain patents.1 Defendant subsequently sued Plaintiff’s affiliated entity and Plaintiff’s subcontractor for patent infringement based on their use of Plaintiff’s equipment. The district court found... Read more →

The panel dismissed, for lack of appellate jurisdiction, an appeal from the district court’s order granting the application of CPC Patent Technologies Pty Ltd. for discovery under 28 U.S.C. § 1782 against Apple Inc. for use in a not-yet-filed patent... Read more →

Dyax Corporation performed research for Ares Trading S.A. It also licensed patents to Ares, including some held by Cambridge Antibody Technology (the “CAT Patents”). Ares used the fruits of Dyax’s research to commercialize a cancer drug. In exchange, Ares agreed... Read more →

The panel reversed the district court’s judgment following a bench trial in favor of Atrium Medical Corporation on C.R. Bard, Inc.’s claim that Atrium breached its contract with Bard by failing to make certain minimum royalty payments due under a... Read more →

Dr. John Insall, an orthopedic surgeon who specialized in knee reconstruction and replacement, developed and obtained a number of valuable foreign and domestic patents involving knee replacement devices and accoutrements that he licensed to Zimmer Biomet Holdings, Inc. In exchange,... Read more →

The Legislature enacted Code of Civil Procedure section 425.16, commonly known as the anti-SLAPP statute, to prevent powerful plaintiffs from chilling a defendant’s valid exercise of free speech rights.1 But the Legislature later observed that commercial defendants were abusing “the... Read more →

International Business Machines Corp. (IBM) appeals the United States District Court for the Southern District of New York’s grant of summary judgment of noninfringement of claims 1, 2, 12, 14, and 18 of U.S. Patent No. 7,072,849. IBM also appeals... Read more →

An Amended Opinion is being filed simultaneously with this Order. Judges Schroeder, Sanchez, and Antoon have voted to deny the petition for panel rehearing. Fed. R. App. P. 40. Judge Sanchez voted to deny the petition for rehearing en banc,... Read more →

In a case which seems destined for the pages of a civil procedure casebook, Metabyte, Inc., appeals from the trial court’s judgment of dismissal and order sustaining Technicolor’s demurrer without leave to amend. This 2021 action represents Metabyte’s fourth attempt... Read more →