Hatch-Waxman Litigation Expenses Are Deductible Under Internal Revenue Code § 162(a)
JD Supra Law
APRIL 3, 2025
Actavis Labs. United States, Case No. 23-1320 (Fed.
Law Litigation Patent Infringement 
The Rising Threat of German Patent Litigation: Are You Ready?
JD Supra Law
JANUARY 13, 2025
The threat of German patent litigation is rising.
Litigation 
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Federal Circuit Confirms Deductibility of Hatch-Waxman Litigation Expenses
JD Supra Law
MARCH 26, 2025
On March 21, the Court of Appeals for the Federal Circuit held in a precedential opinion that legal fees incurred by generic drug companies in defending against patent infringement suits brought under the Hatch-Waxman Act constitute ordinary and necessary business expenses that may be deducted in the year in which they are incurred, and do not need (..)
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Plaintiff’s Declaratory Action Not Anticipatory Litigation Due to Patentee’s Delayed Response to Licensing Request
JD Supra Law
APRIL 8, 2025
The Central District of California denied a defendants motion to dismiss or transfer plaintiffs first-filed declaratory judgement action based on defendants later-filed patent infringement suit in Wisconsin. By: Akin Gump Strauss Hauer & Feld LLP
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Historic $130m+ Patent Infringement Award Against the United States of America
Intellectual Property Law Blog
DECEMBER 1, 2021
A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint). SecurityPoint brought its claim for patent infringement against the United States under 28 U.S.C.
Moderna sues Pfizer for mRNA Patent Infringement: when optics and profits reveal real issues in modern IP law usage
IPilogue
NOVEMBER 3, 2022
Michelle Mao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. This exposes some concerns about our patent laws.
Can Xockets Enjoin NVIDIA and Microsoft Post eBay?
IP Watchdog
NOVEMBER 22, 2024
recently filed a complaint in the Western District of Texas against NVIDIA Corporation (“NVIDIA”), Microsoft Corporation (“Microsoft”) and RPX Corporation (“RPX”) (collectively, “Defendants”) for alleged patent infringement and violation of federal antitrust laws. Xockets, Inc.
Google sues Sonos for Patent Infringement – Again
IPilogue
OCTOBER 14, 2022
Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. In the latest development in the global patent wars between Google and Sonos, Google has sued Sonos, having filed two suits in the United States District Court for the Northern District of California on August 8, 2022.
News Flash: China parallel patent infringement litigation gives Nanoco leverage in the $150million settlement with Samsung
JD Supra Law
APRIL 10, 2023
In March, Samsung agreed to pay UK Nanotechnology Company Nanoco USD 150 million in a patent infringement dispute over patents used in QLED televisions that featured legal team from Wei Chixue Law Firm of Linda Liu Group - a Top 10 IP Law Firm in China. By: Linda Liu & Partners
Case Law Update: Timing of Technical Expert Analysis of Non-Infringing Alternatives in Smart Path Connections
JD Supra Law
AUGUST 8, 2024
Recent case law may impact the timing of defendant technical expert analysis and opinion regarding non-infringing alternatives in patent infringement litigation. On March 13, 2024, Magistrate Judge Roy S.
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Litigation as a Source of Profit? Non-Practicing Entities and Patent Litigation
IPilogue
AUGUST 24, 2022
Michelle Mao is an incoming 2L JD student at Osgoode Hall Law school and an IPilogue Writer. Litigation is almost always recommended to be avoided , whether because of the sheer amount of time needed to get a court date, the expensive costs for the client and law firm, or the risks associated with receiving an unfavorable judgement.
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Alleged Inappropriate Conduct In Another Litigation Does Not Support Award Of Enhanced Damages
JD Supra Law
JANUARY 22, 2025
On May 6, 2021, plaintiffs sued defendants for patent infringement in the United States District Court for the District of Delaware.
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[Video] Navigating Intellectual Property Challenges in the Renewable Energy Sector - Energy Law Insights
JD Supra Law
OCTOBER 9, 2024
Discover the increasing trend of patent infringement litigation, the importance of a robust IP strategy, and real-world examples of how companies can protect their innovations. Learn about the risks and opportunities for businesses, and hear compelling stories of how strategic IP management can lead to successful.
Federal Circuit Lays Out When Expert Witnesses in Patent Litigation Must Have Required Expertise
JD Supra Law
SEPTEMBER 12, 2024
In patent litigation, expert witnesses play a crucial role in providing specialized knowledge to the court. for patent infringement, the Federal Circuit highlighted the importance of understanding expert witnesses' qualifications. In a recent case where Osseo Imaging LLC sued Planmeca USA Inc. By: Fenwick & West LLP
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Guest Post: Third-Party Litigation Funding: Disclosure to Courts, Congress, and the Executive
Patently-O
FEBRUARY 22, 2023
Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] 1] He is also an adjunct professor at American University Washington College of Law. Patent assertion finance today is a multibillion-dollar business. [2]
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accusing someone of patent infringement can be actionable disparagement if you know the patent's invalid
43(B)log
OCTOBER 9, 2023
28, 2023) Cap Export alleged that Zinus fraudulently obtained a patent after Zinus used the public domain bed-in-a-box sets of a non-party as the basis for its patent application. The underlying patent litigation allegedly fraudulently induced Cap Export to enter into a $1.1 and to Amazon. and to Amazon.
[Video] How Delaying Third Party Discovery Can End Up Costing You Dearly
JD Supra Law
JANUARY 29, 2025
What happens when the clock runs out on critical evidence in a high-stakes patent infringement case? Discover how Beacon's late acquisition of essential source code from BMW's third-party supplier, Harman, put their litigation strategy on thin ice.
Del. Judge Requires 3rd Party Litigation Funding Disclosures
IP Law 360
APRIL 19, 2022
Delaware's chief federal judge has issued a standing order requiring litigants to disclose whether their cases or defenses are being financed by third parties — and whether there are conditions tied to that funding — in a move that could impact the court's number of patent infringement cases, according to a legal expert.
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Federal Circuit Clarifies Standards for Willful Patent Infringement and Enhanced Damages
The IP Law Blog
OCTOBER 21, 2021
Willful patent infringement can result in enhanced, and in some case treble, damages but not in every instance. Because the standard for finding willful infringement has traditionally been lower than that for enhancing damages, a finding of willful infringement does not guarantee an award of enhanced damages. Portec, Inc.,
2024 ITC Section 337 Year in Review: Analysis & Trends
JD Supra Law
FEBRUARY 20, 2025
International Trade Commission (ITC) remain an efficient and powerful method for American businesses seeking relief from foreign acts of unfair competition, including infringement of intellectual property rights. In 2024, the number of complaints filed at the ITC rebounded after the low in 2023.
A Free Speech Right to Accuse Others of Patent Infringement
Patently-O
FEBRUARY 19, 2023
by Dennis Crouch Rule 1 of the Federal Rules of Civil Procedure sets out a bold goal for civil litigation: “ the just, speedy, and inexpensive determination of every action.” ” Patent litigation is rarely speedy; quite expensive; and, many would argue, often unjust.
"objectively baseless" patent infringement claims can constitute tortious interference/defamation
43(B)log
OCTOBER 31, 2022
27, 2022) A rare tortious interference/business defamation case that results in a preliminary injunction (converted from a TRO), based on claims of patent infringement made to plaintiff’s customers. This requires that infringement claims be objectively baseless. Nu Tsai Capital LLC, NO. 8:22CV314, 2022 WL 15523245 (D.
Patent Linkage Litigation in China: A Two-Year Review
IP Tech Blog
AUGUST 18, 2023
On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.
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Five Tactics for Cybersecurity Companies to Defeat Patent Infringement Claims
JD Supra Law
JULY 11, 2024
Navigating patent infringement claims requires a deep understanding of both the legal landscape and the specifics of the technology at stake, especially in the fast-evolving cybersecurity sector. Creative litigation strategies are crucial for defending against infringement claims and minimizing disruption to ongoing innovation.
Source Code Review: A Powerful Tool in Technology Patent Infringement Litigations
JD Supra Law
FEBRUARY 28, 2024
According to Statista*, in 2020 computer technology patents made up the majority of patent applications in the U.S., totalling approximately 60,000 patents. In 2022, Unified Patents** found that software, hardware, and networking-related litigations constituted approximately 70% of all district court litigations.
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Patent Damages Laws Regarding Apportionment are Inapplicable to Breach of Contract (FRAND) Claims
IP Watchdog
SEPTEMBER 6, 2021
case number 19-40643: are patent laws regarding what constitutes a reasonable royalty applicable to questions of compliance with FRAND-related contractual obligations? Pursuant to appeal of that decision, however, the United States Court of Appeals for the Fifth Circuit has now addressed the photonegative question in HTC Corp.
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The Sham Litigation Exception after AbbVie - Is the Subjective Element a Sham?
JD Supra Law
OCTOBER 20, 2021
The Federal Trade Commission (“FTC”) sued AbbVie and Besins Healthcare, co-owners of a patent that covered brand AndroGel, in 2017. The FTC claimed that the manufacturers had brought “sham” patent infringement litigation in 2011 against Teva and another generic supplier, Perrigo.
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Forum Selection Clause Can Preclude PTO Validity Challenges
Intellectual Property Law Blog
MARCH 9, 2022
An important takeaway from this case is that careful consideration should be given to the scope of any forum selection clauses regarding patent infringement or invalidity actions. In Nippon Shinyaku v. The Federal Circuit disagreed. on the ground of forum non conveniens.”.
Cybersecurity Litigation Strategies: Jurisdiction
JD Supra Law
DECEMBER 13, 2024
This article is the second in our series on patent litigation strategies for cybersecurity companies. It expands on Tactic #1, Challenge the courts jurisdiction, from our earlier article, Five Tactics for Cybersecurity Companies to Defeat Patent Infringement Claims.. By: Fish & Richardson
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Another Drop in the Bucket: Delhi High Court’s Interim Injunction Denial for Vifor in FCM Patent Infringement
SpicyIP
SEPTEMBER 25, 2023
Adding another leaf to the FCM patent litigation saga, the Delhi High Court on September 19 refused to grant an interim injunction to Vifor considering the launch of the Biological E’s product in the market. student at Dr. Ram Manohar Lohiya National Law University, Lucknow.
Judge Calls Cellspin’s Motion for Recusal in Infringement Case ‘Divorced from the Law and Facts’
IP Watchdog
FEBRUARY 22, 2023
District Judge Yvonne Gonzalez Rogers issued an order denying Cellspin Soft’s motion for recusal that sought the vacatur of a summary judgment that released Fitbit, Nike, Under Armour, and others from patent infringement liability.
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Federal Circuit Clarifies Reach of “Artificial” Act of Patent Infringement
JD Supra Law
JANUARY 4, 2024
Litigators in the life sciences field are no doubt familiar with the so-called “artificial” act of infringement established by 35 U.S.C. § The filing of such an action can allow for, among other things, the resolution of patent infringement disputes before the generic (or. By: Proskauer - Minding Your Business
Who appeals (and wins) patent cases?
Patently-O
JULY 14, 2022
This prompted the question for me: who actually files appeals in patent infringement cases and how representative are they of the underlying civil actions filed in the courts? It turns out that the answer is “mostly patent asserters” and that they aren’t necessarily representative of case filings. 235 (2018) ).
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Foresight in Patent Litigation: How Adherence to Local Rules Can Make or Break a Case
JD Supra Law
SEPTEMBER 19, 2022
offering an important reminder to patent litigators of the necessity of following the local rules of the jurisdiction in which a patent infringement suit is filed. an initial claim chart relating each accused product to the asserted claims each product allegedly infringe[d]” under the local rules of.
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Discretionary Remedies Clarified, and Videotron Ltd Successfully Defends Against Much Litigation-Experienced Rovi Guides Inc.
IPilogue
DECEMBER 20, 2022
Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. In Rovi Guides Inc v Videotron Ltd , the Federal Court of Canada invalided patents for interactive program guide (“IPG”) technology and clarified a reasonable royalty as the appropriate remedy had the patents been found valid and infringed.
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Alice Dooms Animation App Litigation In Texas
IP Law 360
AUGUST 10, 2022
A Texas federal judge has permanently dismissed patent infringement litigation between two companies that sell apps for animating images, saying Plotagraph's five patents are invalid as abstract under the Supreme Court's Alice decision.
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WIPO publishes Guide to Patent Case Management for Judges
The IPKat
APRIL 24, 2023
Last Friday, WIPO published An International Guide to Patent Case Management for Judges. For each jurisdiction, there are several chapters which sets out the procedure and practice for managing patent cases, namely patent infringement cases., while also " integrating pertinent patent law doctrines ".
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Nokia Sues Acer, Asus, Hisense For Patent Infringement
IP Law 360
APRIL 2, 2025
Nokia is suing Acer, Asus and Hisense for patent infringement in Europe, kicking off a fresh round of litigation over its video coding tech on the back of its license agreement with Amazon.
Albright Calls SCOTUS Test ‘Confusing Abyss of Patent Eligibility Law’, Denies Motion to Dismiss
IP Watchdog
FEBRUARY 7, 2022
Albright of the Western District of Texas entered a ruling denying PNC Bank’s motion to dismiss patent infringement claims asserted by financial record retrieval tech developer Mirror Imaging. Just over one week ago, U.S. District Judge Alan D.
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Update on mRNA Vaccine Patent Litigation
JD Supra Law
SEPTEMBER 22, 2023
We previously reported on patent infringement litigations between Alnylam and Moderna. Below we provide updates on two proceedings involving the mRNA vaccine producer Moderna. By: Goodwin
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Samsung Settles TV Patent Litigation Campaign For $150M
IP Law 360
FEBRUARY 3, 2023
A British nanotechnology company said Friday it landed $150 million from its litigation-funded patent infringement lawsuits against Samsung that ended in a settlement last month, just as jury selection was set to kick off in one of the cases in Marshall, Texas.
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Little Guy Fighting Goliath—Sonos’s Victory Against Google in Patent Infringement
IPilogue
JANUARY 19, 2022
Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. Photo by Bence Boros ( Unsplash ). If you are a fan of Google products, you will likely find that some of its home appliances are becoming slightly more cumbersome to use.
Patent Law at the Supreme Court February 2022
Patently-O
FEBRUARY 24, 2022
Qualcomm had previously sued Apple for patent infringement, and Apple responded with a set of inter partes review petitions. The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue. The settlement also included a license to thousands of Qualcomm patents. Alice Step 1).
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Samsung Says Litigation Funder Misused Its Trade Secrets
IP Law 360
JULY 2, 2024
says an intellectual property law firm and a Chinese litigation funder used its confidential information without permission to help Staton Techiya LLC assert patent infringement allegations, telling a Texas federal judge that the conduct demonstrated why the court should add the other companies to Samsung's suit.
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