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The U.S. Court of Appeals for the Federal Circuit reversed a district court’s grant of JMOL for noninfringement, thereby reinstating the jury verdict finding that Microsoft infringed Finnegan client Uniloc USA’s patent.  The Federal Circuit also affirmed the jury’s finding that Microsoft failed to prove Uniloc USA’s patent is invalid.  Although the Federal Circuit also vacated the damages award as being based on a methodology the Court found to be faulty, with there no longer being any question about Microsoft’s infringement, Uniloc gained another opportunity to obtain damages from Microsoft.

The U.S. Court of Appeals for the Federal Circuit reversed a district court’s ruling of invalidity for lack of enablement/utility of Finnegan client, Eli Lilly and Company’s method of use patent on Strattera® and upheld the court’s rulings of validity on other grounds and the judgment of infringement in a case involving numerous generic drug manufacturers. The Federal Circuit’s ruling in Lilly’s favor provides protection for Lilly’s Strattera® franchise through May 2017.

The U.S. Court of Appeals for the Federal Circuit reversed the International Trade Commission’s claim construction of U.S. Patent No. 5,470,257 (entitled “Radial Compression Type Coaxial Cable End Connector”) and its related finding that the Complainant had not established the technical prong of the domestic industry requirement of Section 337.  In its opinion, the Federal Circuit held that the Complainant, our client John Mezzalingua Associates, Inc. (d/b/a PPC, Inc.), had established a Section 337 violation (importation, infringement, validity, and domestic industry) and remanded to the ITC for further findings on remedy and bonding.

The U.S. Court of Appeals for the Federal Circuit upheld a judgment that Home Depot U.S.A., Inc., literally and willfully infringed Finnegan client Mr. Michael S. Powell’s patent covering radial arm saw guards. Specifically, the Federal Circuit affirmed the Southern District of Florida court’s claim construction and the court’s denial of Home Depot’s motion for judgment as a matter of law on the issues of infringement, willfulness, and damages. In addition, the Federal Circuit affirmed the district court’s holding that the patent was not unenforceable for inequitable conduct, as well as the court’s award of enhanced damages and attorney fees.

The U.S. Court of Appeals for the Federal Circuit reversed a decision by the U.S. International Trade Commission (ITC) that Nokia did not infringe two patents relating to 3G cellular telephone technology held by Finnegan client InterDigital. Specifically, the Federal Circuit reversed the ITC's claim construction of two key terms and remanded the case to the ITC for further proceedings. In addition, the Federal Circuit affirmed the ITC's decision that InterDigital's substantial patent licensing program satisfied the ITC's domestic industry requirement.

In a unanimous opinion, the U.S. Court of Appeals for the Federal Circuit ruled that MHL Tek LLC did not own three Tire Pressure Monitoring System patents, resulting in a victory for Finnegan clients Hyundai Motor Company and Kia Motors Company and other automobile maker co-defendants.  Specifically, the Federal Circuit (1) affirmed the Eastern District of Texas court’s holding that MHL Tek lacks standing to assert two of the three patents-in-suit, and (2) reversed the court’s holding that MHL Tek has standing to assert the third patent-in-suit.  

The Federal Circuit reversed an anticipation ruling by the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board, which had found two claims of a Rambus patent to be “unsupported by substantial evidence.” The appellate panel sided with Finnegan client Rambus and reversed the finding. The Federal Circuit ruling is the latest development in a series of reexaminations requested by Micron.

In two related appeals from inter partes review (IPR) proceedings, Finnegan successfully persuaded the U.S. Court of Appeals for the Federal Circuit to vacate and remand the Patent Trial and Appeal Board’s (PTAB) decisions that adversely affected three patents related to coaxial cable connectors owned by client PPC Broadband. In the first appeal, for a majority of the claims, the Federal Circuit agreed with PPC that the PTAB overlooked a key claim limitation, and it therefore vacated and remanded the obviousness decision. For the remainder of the claims in that appeal, the court affirmed the claim construction ruling as the broadest reasonable interpretation, but noted that it would not be the “correct” construction had the Phillips standard applied. Finally, the court also agreed with PPC that the PTAB erred in disregarding much of the evidence on secondary considerations, including the commercial success of the accused products. In the second appeal, the court likewise agreed with PPC and vacated the PTAB’s claim construction as being unreasonable, stating that while the construction may have been the broadest interpretation, it was not the broadest reasonable interpretation in light of the specification. The Federal Circuit thus vacated and remanded the invalidity determinations in both appeals.

Finnegan successfully represented Eli Lilly in connection with a lawsuit brought by Ariad Pharmaceuticals, accusing Lilly’s Xigris® product of infringing Ariad’s patent covering “NF-κB” technology. After a full en banc hearing, the U.S. Court of Appeals for the Federal Circuit held Ariad’s patent invalid under 35 U.S.C. § 112 for failing to comply with the written description requirement.

In decisions from the U.S. Federal Circuit Court of Appeals, U.S. District Court for the Northern District of Illinois, and the American Arbitration Association (AAA), Finnegan successfully prevented a larger competitor from manufacturing or selling a generic version of Finnegan client Cumberland Pharmaceuticals’ flagship product, Acetadote®, a life-saving intravenous formulation of acetylcysteine for the treatment of acetaminophen overdose. Cumberland’s current patent-protected formulation is free of the EDTA chelating agent, which is an improvement over earlier formulations sold by Cumberland and others. First, in the AAA decision, the arbitrator issued a final award in favor of Cumberland enjoining the competitor and further awarded attorney’s fees and costs to Cumberland. Second, in the Abbreviated New Drug Application (ANDA) district court case, following claim construction rulings favorable to Cumberland, the generic company conceded infringement. A trial proceeded on the generic’s three validity attacks—derivation, anticipation, and obviousness—which were all rejected by the presiding judge. Finally, in response to the generic’s appeal of the district court’s decision, the Federal Circuit further considered and expressly rejected the generic’s validity attacks. The Federal Circuit’s affirmance of the district court’s ruling thus confirms Cumberland’s patent protection for ten years.


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