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14 Jun 2016, 7:23 am
The court held [opinion, PDF] in a unanimous decision that the federal circuit was too lax with its discretion in awarding enhanced damages but that the Seagate [opinion, PDF] test is too rigid with too many holes for infringers to slip through. 35 USC §284 [text] provides that a district... [read post]
13 Jun 2016, 8:19 pm
And had anyone bet on the Court reversing (formally, vacating and remanding) the Federal Circuit's In re Seagate Tech. [read post]
13 Jun 2016, 7:36 pm
The Court rejected the Federal Circuit’s Seagate test, which had provided an accused infringer with a complete... [read post]
13 Jun 2016, 9:24 am
., the United States Supreme Court did what much of the patent world expected it would do, which is overrule the Federal Circuit's "unduly rigid" test for the awarding of enhanced damages for willful damages put in place by In re Seagate Technology, LLC, 497 F. 3d 1360, 1371 (2007)(en banc). [read post]
13 Jun 2016, 7:39 am
The decision rejects the dual objective/subjective test of Seagate as “inconsistent” with the statutory language of 35 U.S.C. [read post]
12 Jun 2016, 10:00 pm
In both cases, the petitioners were denied treble damages under the Seagate test. [read post]
3 Jun 2016, 6:40 am
Seagate, No. 15-1285 (pre-invention assignment of future patent rights) Biologics Notice of Commercial Marketing: Sandoz Inc. v. [read post]
18 May 2016, 8:19 am
Seagate, No. 15-1285 (pre-invention assignment of future patent rights) Biologics Notice of Commercial Marketing: Sandoz Inc. v. [read post]
8 May 2016, 6:24 pm
Alexander Shukh, a computer hardware engineer, signed an assignment to his former employer Seagate. [read post]
3 May 2016, 1:42 am
Seagate, No. 15-1285 (pre-invention assignment of future patent rights) Biologics Notice of Commercial Marketing: Sandoz Inc. v. [read post]
18 Mar 2016, 7:47 am
The evidence plaintiffs would like to present to the jury, including that of conflicting positions taken by defendants before the PTO, goes to defendants' subjective intent and, therefore, has no role to play in evaluating the objective prong of the [In re Seagate Tech., LLC, 497 F.3d 1360 (Fed. [read post]
14 Mar 2016, 8:44 am
§ 284 was not appropriate, after applying the Circuit’s two-part objective/subjective test for willful or bad-faith infringement set forth in In re Seagate Tech., LLC. [read post]
23 Feb 2016, 2:17 pm
For this case, it appears likely that the majority will overrule Seagate but the question remains open as to what will be the replacement rule. [read post]
16 Feb 2016, 9:50 pm
., Seagate Technology, Inc., and Seagate Technology, LLC. [read post]
16 Feb 2016, 11:05 am
In both cases, the Federal Circuit held that enhanced damages were not available under that court’s 2007 decision in In re Seagate Technology, LLC, which permits enhanced damages only upon clear and convincing evidence of objectively reckless willfulness. [read post]
10 Feb 2016, 12:07 pm
Because we agree withthe district court that Seagate’s disk drives do not possessa user interface, but conclude that the district court erredby importing limitations into the “command” steps and ingranting summary judgment based on intervening rights,we again affirm-in-part, vacate-in-part, reverse-in-part,and remand for further proceedings.As to different courts finding different claim constructions,note footnote 1:A jury determination in a parallel proceeding inthe… [read post]
9 Jan 2016, 6:02 am
The “objective prong of Seagate tends not to be met where an accused infringer relies on a reasonable defense to a charge of infringement. [read post]
21 Dec 2015, 6:55 am
” Read the brief: NimmerBrief; Shukh Petition; and Seagate Response. [read post]
20 Dec 2015, 4:47 am
Does the two-step test of Seagate create too high and too rigid of a standard? [read post]
6 Nov 2015, 9:05 pm
Given the similarity between §§ 284 and 285, and the Federal Circuit’s analogous two-part objective/subjective tests under Seagate, it is not surprising that the Supreme Court granted cert. [read post]
