Attorney fees grant vacated where underlying noninfringement decision was also vacated

TNS Media Research v. TiVo is a nonprecedential case decided on September 16, 2015 on appeal from the Southern District of New York. There, after plaintiff TNS filed suit against defendant TiVo seeking a declaratory judgment of noninfringement, TiVo counterclaimed for infringement of the patent. The district court granted TNS’s motion as to noninfringement and …

Preliminary injunction vacated because defendant’s obviousness argument raised a substantial question of invalidity

Sciele Pharma v. Lupin was decided on July 1, 2012 on appeal from the District of Delaware. The district court granted plaintiff Sciele a preliminary injunction prohibiting defendant Lupin from “further importation and sales of its generic [product].” Lupin appealed. The Federal Circuit vacated the preliminary injunction and remanded. “In deciding whether …

Courts must apply the four-factor test before granting or denying a permanent injunction

eBay v. MerkExchange was decided by the Supreme Court on May 15, 2006 on appeal from the Eastern District of Virginia. Following a jury verdict of infringement, the district court denied plaintiff MerkExchange’s motion for a permanent injunction. The Federal Circuit reversed and ruled that MerkExchange was entitled to an injunction, applying …

Letter informing of patent ownership without charging infringement does not provide actual notice under section 287

Amsted v. Buckeye Steel Castings was decided on April 18, 1994 on appeal from the Northern District of Illinois. The case involved many issues but this post will only focus on actual notice under § 287(a). Plaintiff Amsted brought suit against defendant Buckeye on February 25, 1991. In 1986, Amsted sent Buckeye and other …