IP LAWSUITS

 Today, the Supreme Court vacated a prior Federal Circuit decision when it decided that laches cannot be used as a defense against a claim for damages brought within the Patent Act’s six-year limitation of damages set forth in 35 U.S.C. § 286. SCA Hygiene Products AB et al. v. First Quality... read more
On Wednesday, the Supreme Court ruled that the Federal Circuit got it wrong on the reach of overseas patent infringement, and opined that providing one commodity from the United States for incorporation into a multi-component product is not enough for a finding of overseas-based patent infringement... read more
Move over partners! In X One’s patent infringement case against Uber Technologies (CAND 5-16-cv-06050), Judge Koh has given the associates on the case a chance to argue a motion. Her order of February 3, 2017 states that “the Court and parties had difficulty setting a date for the hearing...because... read more
In Unwired Planet v. Google, the Federal Circuit vacated a PTAB Covered Business Method (CBM) review decision holding that the PTO’s definition of a “covered business method” was “not in accordance with the law.”Covered Business Method review (CBM) is one of a group of post-issuance administrative... read more
At the 2016 Rio Olympic Games, over 10,000 athletes are in the midst of competition for a chance at a singular moment of athletic glory. All of that pressure creates the temptation to boost one’s odds with performance enhancing drugs (PEDs).  However, if an athlete is caught—or even suspected... read more
At the 2016 Rio Olympic Games, over 10,000 athletes are in the midst of competition for a chance at a singular moment of athletic glory. All of that pressure creates the temptation to boost one’s odds with performance enhancing drugs (PEDs).  However, if an athlete is caught—or even suspected... read more
We have an update to our prior blog post relating to Sequenom v. Ariosa Diagnostics.  On June 27, the Supreme Court denied certiorari to Sequenom, Inc.  As such, the application of § 101 in the biotech and life sciences space remains cloudy.  The denial was issued despite the... read more
On June 27, 2016, a three judge panel of the Federal Circuit delivered a decision in BASCOM Global Internet v. AT&T Mobility LLC. The court held that while BASCOM’s asserted claims were directed to the abstract idea of filtering content, the claims contained an “inventive concept” that... read more
Last Thursday, June 21, 2016, an eight-person jury in the United States District Court for the Central District of California unanimously determined that Led Zeppelin’s “Stairway to Heaven” does not infringe a copyright owned by psychedelic-rock band Spirit. The plaintiff, Michael Skidmore, as the... read more
“Two of tech’s biggest behemoths are slugging it out in court,” reported Jon Swartz in an article in USA Today on May 11, 2016. After noting that billions of dollars of damages are at stake in this six-year software copyright case, Swartz quoted Dunlap Codding’s Jordan Sigale, an... read more
Dunlap Codding's own Jordan Sigale and Julie Langdon co-authored an amicus brief on behalf of the Federal Circuit Bar Association filed on April 20, 2016, in Sequenom v. Ariosa Diagnostics at the U.S. Supreme Court.  The brief (prepared with Frank Angileri of Brooks Kushman PC) urges the high... read more
With the number of patents being invalidated under 35 U.S.C. § 101 on Motions to Dismiss after Mayo and Alice, there’s a fair question – what happened to the presumption of validity that is owed to a patent?  Seemingly, it still exists. 35 U.S.C. § 282 states:A patent shall be presumed... read more
Back in September, I discussed the uncertainty surrounding personal jurisdiction in Hatch-Waxman litigation created by the U.S. Supreme Court’s decision in Daimler AG.1 Specifically, district courts were not consistent in answering the question of what constitutes sufficient... read more
The Bluebook: A Uniform System of Citation is a 511-page quasi-authoritative source of legal citation formats published by the Harvard Law Review Association working together with the Columbia Law Review Association, Inc., The Yale Law Journal Company, Inc., and the University of Pennsylvania Law... read more
Judge Percy Anderson of the United States District Court for the Central District of California recently granted summary judgment in the case Twentieth Century Fox v. Empire Distribution, Inc., Case No. CV-15-2158 PA (C.D. Cal. Feb. 1, 2016) in favor of Twentieth Century Fox Television (“Fox”) and... read more