Patent Litigation Lawyer

Dennis Crouch has an interesting post today regarding the In re Ferguson appeal that is presently before the federal circuit. In this case, the appellant was denied a patent by the PTO on account of the fact the PTO decided the application didn’t contain a claim that was “useful, concrete, and tangible result” or […]

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Since eBay, district courts have typically granted injunctive relief in favor of competitors but denied injunctive relief to non-competing licensors. In his concurrence, Justice Kennedy instructed courts to be cognizant of the nature of the patent being enforced and the economic function of the patent holder when applying the equitable factors. eBay, 126 S. […]

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In TGIP, Inc. v. AT&T Corp., 2007 U.S. Dist. LEXIS 79919 (D. Tex. 2007), Judge Ron Clark set aside the largest verdict in Eastern District history, finding plaintiff’s evidence at trial did not support the jury’s funding of infringement. Judge Clark succinctly provided the basis for his ruling with “TGIP had the burden to […]

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