Invalidity contentions did not provide clear notice of patent’s invalidity for attorney fees

Stone Basket v. Cook Medical was decided on June 11, 2018 on appeal from the Southern District of Indiana. After the PTAB cancelled all asserted claims following an IPR, the district court dismissed the case with prejudice. Defendant Cook then moved for attorney fees. The district court denied the motion. Cook appealed. The …

Letter identifying relevant patents and allegedly infringing conduct provided actual notice for pre-complaint damages

Monsanto v. Bowman was decided on September 21, 2011 on appeal from the Southern District of Indiana. The case involved many issues but this post will only focus on actual notice under § 287(a). “Since 1996, Monsanto has marketed and sold .. soybean seeds under its own brands, and licenses its technology to seed …