Medinol v. Cordis is a nonprecedential case decided on June, 12, 2020, on appeal from the Southern District of New York. After dismissing Plaintiff Medinol’s patent infringement claim as barred by laches, the district court denied Medinol Rule 60(b)(6) relief from the judgment. Medinol did not appeal the original judgment …
Section 286 of the Patent Act “sets forth a limitation on damages.” Adams & Associates v. Dell. Under 35 U.S.C. § 286, “[e]xcept as otherwise provided by law, no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim for …
Section 283 of the Patent Act provides that courts “may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent, on such terms as the court deems reasonable.” There are several types of relief for ongoing infringement that a court can …
This post will track the issued remedies in the patent dispute between Bard Peripheral Vascular and WL Gore & Associates. The post will not cover patent invalidity decisions from the USPTO or the district court. The dispute started in 2003 with a complaint by Bard against Gore in the District of Arizona and ended …
John Bean v. Morris & Associates was decided on April 19, 2018 on appeal from the Eastern District of Arkansas. In 2002, after plaintiff John Bean had contacted defendant Morris’ customers alleging infringement, Morris sent John Bean a letter notifying John Bean that its patent was invalid based on multiple prior …
2017 was a busy year for patent remedies. Except for the Supreme Court decision on laches, most of the action happened in the Federal Circuit. The graph below shows how many times each decision has been cited by another court. It’s updated as to January 26, 2018. 1. Laches …
Exmark v. Briggs & Stratton was decided on January 12, 2018 on appeal from the District of Nebraska. The invention related to a lawn mower having an improved device for directing airflow and grass clippings during operation. The district court ruled on summary judgment that asserted claim 1 was not invalid …
SCA Hygiene v. First Quality was decided by the Supreme Court on March 21, 2017 on appeal from the Western District of Kentucky. There, the district court granted defendant First Quality’s summary judgment motion of laches and equitable estoppel. A Federal Circuit panel affirmed as to laches, but reversed as to …
Link to article on Law360. 2016 was a busy year for patent remedies. The U.S. Supreme Court decided two cases, one on willfulness and the other on design patent damages. The Federal Circuit made law on willfulness, enhancement, attorney fees, antitrust damages, preissuance patent damages, and laches. This article will review these …
In this post, I will give a mid-year review of the patent remedies cases. The relevant time period is January 1st to June 30th, 2016. The graph below shows how many times each decision has been cited according to Google scholar. The graph is current as to November 29, 2016. …