July 15, 2013
Fitch Even partner Alison Aubry Richards was quoted in the 2013 Patent Litigation Survey recently released by PricewaterhouseCoopers (PwC). This report provides statistics and analysis of key findings relating to patent litigation in 2012, including the impact of the America Invents Act, the influence of nonpracticing entities, and the increasing number of patents granted and patent lawsuits filed.
In the report, Alison comments on the potential impact of recent Federal Circuit decisions on damages: “With respect to damages, the Federal Circuit’s recent decisions require district court judges to take an increasingly active decision-making role in determining whether a party’s damages claim satisfies extensive requirements. These Federal Circuit decisions encourage parties to file increasing numbers of damages-related motions, hoping for an outcome determinative decision. A district court’s reputation as to how it handles damages decisions will be a prime consideration in choosing a litigation forum and strategy.”The survey can be accessed in its entirety on the PwC website here.
IP Alert | Federal Circuit Clarifies Equitable Intervening Rights Extend Beyond Protecting Monetary InvestmentsFebruary 26, 2021
On February 19, in John Bean Technologies Corp. v. Morris & Associates, Inc., the Federal Circuit clarified the types of investments that may be entitled to protections under the doctrine of equitable intervening rights, holding that it can extend beyond a monetary investment. Read more
IP Alert | Knowledge Within the Art Does Not Save Means-Plus-Function Claim Term Lacking Corresponding StructureFebruary 19, 2021
On February 12, in Synchronoss Technologies, Inc. v. Dropbox, Inc., the Federal Circuit affirmed that certain of Synchronoss's claims were invalid for indefiniteness, since the claims included a means-plus-function claim term that did not have adequate structural support in the specification. Read more