Tag Archives: Federal Circuit

Federal Circuit Decision in Medical Device Case Sheds Light on “Exceptionality” Analysis for Attorney Fees

In Stone Basket Innovations, LLC v. Cook Medical LLC, a recent case involving the enforcement of a medical device patent, the Federal Circuit affirmed a district court’s denial of attorney fees under 35 U.S.C. § 285. In its opinion, the court provided helpful guidance regarding the factors that impact a potential award of attorney fees … Continue Reading

Supreme Court Agrees To Hear Two Additional Patent Cases

On Friday, the Supreme Court granted certiorari in two patent appeals from the Federal Circuit, Limelight Networks, Inc. v. Akamai Technologies, No. 12-786 and Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369.  Both cases have potential implications for medical device patent litigation. The first case, Akamai, involves the scope of liability for induced infringement under … Continue Reading

Federal Circuit Decides Appeals on Patent Liability Issues Are Possible Before Willfulness And Damages Trials

A recent decision by the Federal Circuit could impact litigation strategy in patent infringement cases.  In Robert Bosch, LLC v. Pylon Manufacturing Corp., the Federal Circuit decided en banc that, under 28 U.S.C. § 1292(c)(2), it has jurisdiction over an appeal on liability issues (i.e. patent infringement and patent validity) before the district court tries … Continue Reading

Federal Circuit to Consider Claim Construction Review Standard En Banc

On March 15, 2013, the Federal Circuit agreed to consider en banc whether claim construction decisions made by district courts should be given deference on appeal.  The Federal Circuit’s standard for review of claim construction decisions, as stated in Cybor Corp. v. FAS Techs., is “as a purely legal question, we review claim construction de … Continue Reading