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1 Feb 2008, 9:38 am
     By now, those who follow patent issues in this country will undoubtedly have heard of In Re Seagate Technology, LLC, 497 F.3d 1360 (Fed. [read post]
21 Jan 2008, 7:27 am
  The court therefore instructed the district court on remand to determine the amount of royalty due on the defendant's compulsory license under the patent going forward.The court briefly mentioned the issue of willful infringement after In re Seagate Technology, LLC, but only noted that there was no evidence of objective recklessness by the defendant and therefore the finding of no willful infringement was appropriate. [read post]
11 Jan 2008, 9:00 am
You can separately subscribe to the IP Think Tank Global week in Review at [feeds.feedburner.com]Highlights this week included: European Commission launches consultation on ‘Content Online in the Single Market': (IPKat), (Out-Law), (IPR Helpdesk), UK government launches consultation on copyright exceptions: (IPKat), (Michael Geist), (IMPACT), (Patry Copyright Blog), (Out-Law), (Ars Technica), (IP Law360), Cordis Corporation - US Court of Appeals… [read post]
10 Jan 2008, 3:18 am
 The Court instructed the jury using the objective recklessness standard from In re Seagate Techs., LLC, 497 F.3d 1360 (Fed. [read post]
17 Dec 2007, 8:16 am
., No. 03-cv-01267--in which the court (Judge Carney, in this case) reconsidered a defendant's summary judgment motion in view of In Re Seagate Technology, LLC, 83 USPQ2d 1 (Fed. [read post]
14 Dec 2007, 1:00 am
Bard Inc.'s patent on a type of prosthetic blood vessel graft, company to pay damages of $185 million: (IPLaw360), Depomed secures summary judgment against Ivax in its patent dispute regarding its AcuForm controlled-release drug delivery technology: (IPLaw360),Dell and Motion Computing hit with patent infringement suit by Typhoon Touch: (IPBiz), EBay vows fight over final judgment in patent suit against MercExchange: (IPLaw360), … [read post]
22 Sep 2007, 10:01 am
 In In re Seagate Technology, LLC (August 20, 2007), the court made it harder for a patent owner to prove willful infringement. [read post]
13 Sep 2007, 4:02 am
All opinions are precedential unless otherwise indicated.In re Seagate Technology, LLC. (08/20/2007) (errata: LINK): please refer to Greg Duff's summary of this case, entitled "Federal Circuit Clarifies Willfulness Standard" available here: LINKOrmco Corporation, et al. v. [read post]
27 Aug 2007, 4:28 am
Last week the Federal Circuit’s opinion in In re Seagate Technology, LLC raised the bar for a finding of willful infringement in patent litigation. [read post]
27 Aug 2007, 3:41 am
The Court also addressed the scope of a defendant's waiver of its attorney-client privilege and work product protection resulting from the defendant's assertion of the advice-of-counsel defense to a willful infringement claim.In In re Seagate Technology, LLC, the Court abolished the "affirmative duty of care" set forth in Underwater Devices Inc. v. [read post]
21 Aug 2007, 5:54 am
In Re Seagate Technology LLC (misc. docket no. 830), August 20, 2007 (link)Seagate was sued by Convolve in the SDNY for patent infringement. [read post]
21 Aug 2007, 1:36 am
In In re Seagate Technology, LLC (August 20, 2007), en banc the Federal Circuit overruled Underwater Devices Inc. v. [read post]
5 Jun 2007, 8:48 am
This Thursday, the Federal Circuit will sit en banc to hear oral argument in In re Seagate Technology LLC, a mandamus case regarding a district court's order to produce certain attorney-client privileged materials. [read post]
30 Mar 2007, 5:07 pm
IPO also supports changes to the inequitable conduct jurisprudence: IPO supports legislation to (1) limit or eliminate the unenforceability defense based upon inequitable conduct in patent litigation, (2) eliminate the requirement to disclose the best mode contemplated by the inventor of carrying out the invention, and (3) allow enhanced patent infringement damages to be awarded for "willful" infringement only in limited circumstances, such as those set forth in IPO's Amicus Brief… [read post]
29 Jan 2007, 10:39 pm
Fiber Composites, LLC (01/26/2007): appeal of claim construction supporting jury decision of infringement, discussion of six patents relating to composite materials made from a combination of polymer and wood fiber and to the use of those composites to produce structural parts, support for initial claim construction found within the patent specification and the prosecution history, claim language "must be read consistently with the totality of the patent's applicable prosecution… [read post]