Currently viewing the tag: "patent litigation"

What to Expect After Teva v. Sandoz?

On February 18, 2015 By Emily Gabranski

Less than a month ago, the Supreme Court reversed the Federal Circuit’s en banc decision in Teva v. Sandoz, holding that the Court of Appeals must apply a “clear error” standard of review to all factual findings made in patent claim construction. The proper standard of review has been hotly debated for sometime, [...]

Continue Reading

Is patent peace on the horizon? Google and Samsung announced Sunday that they had brokered a global cross-licensing patent agreement covering a wide range of businesses and technologies. While they are keeping the details of the agreement quiet, it appears that the two technology giants are actively trying [...]

Continue Reading

 

Typically in patent litigation, the patent holder bears the burden of proving that the defendant infringed.  The Federal Circuit recently created a limited exception to that rule in Medtronic, Inc. v. Boston Scientific Corp. (Fed. Cir. 2012) (PDF). It held that when a licensee in good standing seeks a declaratory judgment of non-infringement, [...]

Continue Reading