Category Archives: Federal Court

Is Judge Kavenaugh an Enemy of Agency “Chevron Deference”?

Other commentators have noted that they believe that Judge Kavanaugh (“K”) does not like “Chevron deference” of the courts to the interpretation of agency regulations. I skimmed recent decisions and note, that in technical areas, the judge recognized that deference … Continue reading

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Finjan, Inc. v ESET, LLC: Can Billing Records Evidence Intent Element of Inequitable Conduct?

In an odd Order relating to a discovery request made by ESET for the billing records of plaintiff’s patent attorney, Bey, the Magistrate Judge in Case No. 17CV183 CAB (BGS)(S. D. Cal., June 25, 2018) ordered discovery of “non-privileged” billing … Continue reading

Posted in Federal Court, Litigation Issues | 1 Comment

Supreme Court Permits Recovery of Foreign Profits for 271(f)(2) Infringement

Section 271(f)(2) reads: “Whoever without authority supplies…in or from the [US] any  component of a patented invention that is especially made…for use in the invention and not a staple article of commerce….where stccg component is uncombined in whole or in part, … Continue reading

Posted in Federal Circuit, Federal Court, Infringement | Leave a comment

Fed. Cir. Affirms Unclean Hands Defense in Gilead v. Merck

On April 25th, a Fed. Cir. panel of Judges Taranto, Clevenger and Chen affirmed the unenforceability of two Merck patents covering a drug presently marketed as Sovaldi(r) to treat hepatitis C, sofosbuvir. Gilead Sciences, Inc. v. Merck & Co., Appeal … Continue reading

Posted in Federal Court, Litigation Issues, Uncategorized | Tagged , , , , , , | 1 Comment