January 2009 – Click for full issue

• Federal Circuit grants mandamus reversing a denial of a motion to transfer by E.D. Texas
• Unresolved preliminary injunction motion prohibits staying case pending reexamination; stay requires continued existence of a “substantial question of patentability”
• Patentee’s selling a product in a forum does not support specific personal jurisdiction for an accused infringer’s declaratory judgment claim
• Patents held unenforceable for patentee’s deliberate failure to disclose patents to standard setting organization
• Adding a separate and distinct noninfringing feature does not avoid contributory infringement liability
• Granting licenses did not defeat permanent injunction
• Waiver found where intervening change in law arose before entry of final judgment
• Federal Circuit claim construction rulings
• Federal Circuit applies Bilski in biotech case
• Grouping claims requires a common limitation
• Patent-law expert could not testify on infringement or invalidity
• District court requires parties to show need for claim construction on a term-by-term basis
• Claim that licensee’s product was “covered by” a foreign patent could be heard in a U.S. court
• Ownership of an “essential” patent showed market power for antitrust claim
• Western District of Washington and District of Massachusetts adopt local patent rules

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