by Steve Driskill | Nov 4, 2013 | [sub] patent exhaustion, Post-Issuance
“[P]atent exhaustion principles apply equally to all authorized transfers of title in property, regardless of whether the particular transfer at issue constituted a gift or a sale.” Background / Facts: The patent at issue here is directed to a blood glucose meter,...
by Steve Driskill | Oct 17, 2013 | [sub] patent exhaustion, Post-Issuance
Patent exhaustion jurisprudence “focuses on the exhaustion of the patents at issue in their entirety, rather than the exhaustion of the claims at issue on an individual basis.” Accordingly, even the method claims of a given patent may be exhausted by the authorized...
by Steve Driskill | Jul 18, 2013 | [sub] damages, Post-Issuance
The first Panduit factor concerning consumer demand for the patented product in order to establish a right to lost profit damages, rather than merely a reasonable royalty, cannot be satisfied by gross sales data alone when the patented invention is merely a component...
by Steve Driskill | May 13, 2013 | [sub] patent exhaustion, Post-Issuance
Patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission. Such planting and harvesting of subsequent generations constitutes an impermissible “making” of the claimed invention. The...
by Steve Driskill | Mar 13, 2013 | [sub] damages, Post-Issuance
Post-infringement-verdict sales point to a high likelihood that enhanced damages will be awarded sua sponte, regardless of whether pre-verdict willfulness has been pled. Background / Facts: The patents at issue involve converters with separate “isolation” and...
by Steve Driskill | Feb 5, 2013 | [sub] licensing, Post-Issuance
The bar for filing a DJ action is pretty low. A good case to consult if your client is considering one as it gives a nice walk-through of the MedImmune requirements for showing sufficient immediacy and reality. Background / Facts: Honeywell and Arkema compete in the...
