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Eight Federal Circuit wins in just over a year

April 24, 2020

MoloLamken has achieved outstanding results for its clients in patent cases, winning 8 Federal Circuit appeals since February 2019 alone. Our victories run the gamut of patent litigation, from winning affirmance of a $440 million district court infringement verdict, to overturning an unfavorable PTAB decision in an IPR, to successfully defending a favorable exclusion order from the International Trade Commission in a Section 337 investigation. Read the opinions and orders below.

  • The Federal Circuit summarily affirmed a $440 million patent-infringement judgment for our client VirnetX against Apple.  The Court rejected Apple’s argument that its FaceTime product did not infringe VirnetX’s patents on secure Internet communications, that the damages award was based on an unreliable methodology, and that the district court had erred in its jury instructions and calculation of pre-judgment interest.  The Supreme Court then rejected Apple’s petition for a writ of certiorari. Read the order.
  • The Federal Circuit affirmed-in-part a $500 million patent-infringement judgment for our client VirnetX against Apple.  The Court affirmed the jury’s verdict that Apple’s VPN-on-Demand product infringes VirnetX’s patents on secure Internet communications. Read the opinion.
  • The Federal Circuit affirmed an International Trade Commission exclusion order in favor of our client Rovi, against Comcast.  The Court held that the ITC had jurisdiction under 19 U.S.C. §1337 to redress Comcast’s cross-border inducement of its customers’ infringement of Rovi’s patents on DVR.  The Court also held that Comcast was an “importer” for purposes of the statute. Read the opinion.
  • In a victory for our client Merck, the Federal Circuit vacated the PTAB’s judgment that a key claim of a competitor’s patent relating to stabilization of vaccines was non-obvious.  The Federal Circuit found that the PTAB failed to provide a reasoned basis for its decision that the claim was not invalid. Read our client’s opening briefreply brief, and the opinion.
  • The Federal Circuit summarily affirmed the denial of an injunction that would have prevented our client, Amgen, from bringing its cancer biosimilar Kanjinti to the market.  The case was one of the first cases decided by the Federal Circuit implicating the Biologics Price Competition and Innovation Act, which created a pathway to market for generic biologic drugs. Read the response brief.  
  • The Federal Circuit ruled that our client Ericsson is entitled to a jury trial in its patent-royalty dispute with Chinese phone maker TCL. The ruling overturned the trial court’s judgment that Ericsson’s license offers to TCL were not “fair, reasonable, and non-discriminatory” and established its own royalty rates for Ericsson’s patents. Read the opening briefreply brief, and opinion.
  • The Federal Circuit summarily affirmed a $50.3 million patent-infringement judgment in favor of our client, Green Mountain Glass.  A Delaware jury found that Ardagh Glass Inc. had infringed Green Mountain Glass’s patents on manufacturing recycled glass products from mixed-color glass shards. Read our client's opening brief and reply.
  • The Federal Circuit reversed a case-dispositive claim construction in a patent infringement suit brought by our client Continental Circuits LLC against defendants Intel Corp., Ibiden Co. Ltd., and Ibiden U.S.A.  The patents-at-issue concern improvements to microscopic multi-layer electronic devices, and Continental Circuits alleges that defendants infringe those patents through making and selling chipsets and processors. Read the opinion, and our client’s opening brief and reply.