Lack of Meaningful Competition Between the Parties Weighed Against Conclusion of Irreparable Harm, Leading to Denial of Permanent Injunction

Nichia Corp. v. Everlight Americas, INC., No. 2016-1585, 2016-1618 (Fed. Cir. April 28, 2017) (precedential).  On appeal from E.D. Tex.  Before Reyna, Hughes and Stoll. Takeaway: Lack of meaningful competition between the parties weighs against conclusion of irreparable harm. Procedural Posture: Nichia, the owner of U.S. Patent Nos. 8,530,250, 7,432,589, …

District Court Correctly Analyzed Likelihood of Success and Irreparable Harm Elements When Granting Preliminary Injunction

TINNUS ENTERPRISES, LLC V. TELLEBRANDS CORP.: Jan. 24, 2017.  Before Moore, Wallach, and Stoll. Takeaway: Instruction manuals that teach a claim element can be used as circumstantial evidence of a customer’s direct infringement. Claim terms are not indefinite when the claims themselves provide parameters for determining whether the disputed limitation …

Plaintiff Unable to Meet Relaxed Standard Under Akamai for Direct Infringement of Method Claims

MEDGRAPH v. MEDTRONIC: Dec 13, 2016. Before Lourie, Plager, and Taranto.  Takeaway: Under Akamai V, infringement of a method claim requires the plaintiff to show that the defendant conditioned the use of, or receipt of a benefit from, defendant’s system on the performance of all of plaintiff’s method steps. Procedural …

Jury Findings of Obviousness and Infringement are Upheld Because They are Supported by Substantial Evidence on the Record

Authored by Rose Cordero Prey, Michael Block, Jean Dassie and Vaibhav Sharma APPLE V. SAMSUNG: Oct 7, 2016. En banc. Moore (majority). Prost (dissent), Dyk (dissent), and Reyna (dissent). The Takeaway: On appellate review, the Federal Circuit will defer to the district court’s reasonable fact findings when supported by substantial evidence …

The Federal Circuit Reverses the Court of Federal Claims’ Claim Constructions and Affirms its Denial of Breach of Contract Claim

Authored by Georg Reitboeck, Qi Zhao and Anita Binayi-Ghiam Liberty Ammunition, Inc. v. U.S., Nos. 2015-5057, 2015-5061 (Fed. Cir. Aug. 26, 2016) (precedential).  On appeal from Ct. Fed. Cl.  Before Prost, Newman and Stoll. Procedural Posture: The United States Government appealed the decision of the Court of Federal Claims that ammunition …