Keval Amin
Subscribe to Keval Amin's PostsKeval Amin is a member of the Intellectual Property Practice Group, focusing on various litigation matters involving patents, trademarks, copyright and trade secrets. Read Keval Amin's full bio.
Rewind: Federal Circuit Grants En Banc Rehearing Over Royalty Damages
By Keval Amin on Oct 3, 2024
Posted In Patents
The en banc US Court of Appeals for the Federal Circuit issued a per curiam order vacating its previous panel decision upholding a district court’s denial of the defendant’s motion for a new trial on damages. In that decision, the Federal Circuit found that the plaintiff’s damages expert adequately demonstrated the economic comparability of prior...
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Lower the Red Flags: Flawed Fee Award Flops
By Keval Amin on Sep 5, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit vacated and remanded a district court decision awarding attorneys’ fees, finding that the district court abused its discretion by failing to properly explain its basis for the fee award. Realtime Adaptive Streaming L.L.C. v. Sling TV, L.L.C., Case No. 23-1035 (Fed. Cir. Aug. 23, 2024) (Albright,...
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Jury Trial on Legal Issue Denied, But No Harm Done
By Keval Amin on Aug 29, 2024
Posted In Trade Secrets
The US Court of Appeals for the Seventh Circuit affirmed a district court’s denial of a jury trial, concluding it was harmless error because the defendant would have been entitled to a directed verdict regardless. Overwell Harvest Ltd. v. Trading Techs. Int’l, Inc., Case No. 23-2150 (7th Cir. Aug. 12, 2024) (Kirsch, Pryor, Kolar, JJ.)...
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Digital Rights, Digital Wrongs: The DMCA Lives On
By Keval Amin on Aug 15, 2024
Posted In Copyrights
The US Court of Appeals for the District of Columbia affirmed that the Digital Millennium Copyright Act’s (DMCA) laws against bypassing digital locks and distributing circumvention tools are designed to prevent piracy and are not unconstitutionally broad. Matthew D. Green, et al. v. United States Department of Justice, et al., Case No. 23-5159 (D.C. Cir....
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Private Sale Means Public Fail
By Keval Amin on Aug 8, 2024
Posted In America Invents Act, Patents
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board decision that a private sale of a product embodying the claimed invention did not qualify as a “public disclosure” under 35 U.S.C. § 102(b)(2)(B). Sanho Corp. v. Kaijet Technology Int’l Ltd, Inc., Case No. 23-1336 (Fed. Cir. July 31,...
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From Oops to Encore: The Board’s Premature Adverse Judgment
By Keval Amin on Jul 25, 2024
Posted In Patents
The Director of the US Patent & Trademark Office (PTO) overturned the Patent Trial & Appeal Board’s premature adverse judgment against a patent owner and remanded an inter partes review (IPR) proceeding based on the fact that the patent owner had initially instructed its counsel to cease work on the IPR while seeking new representation...
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The $X Factor: Demystifying Damages Calculations
By Keval Amin on Jun 13, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to deny a defendant’s motion for a new trial on damages, finding that the plaintiff’s damages expert sufficiently showed that prior license agreements were economically comparable to a hypothetically negotiated agreement between the parties. EcoFactor, Inc. v. Google LLC, Case No....
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Standing Ovation…Denied!
By Keval Amin on May 9, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s decision in a patent dispute for a lack of subject matter jurisdiction because the plaintiff lacked constitutional and statutory standing. Intellectual Tech LLC v. Zebra Technologies Corporation, Case No. 22-2207 (Fed. Cir. May 1, 2024) (Prost, Taranto, Hughes, JJ.) In 2011, OnAsset...
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Sole Searching: Trade Dress Hopes Booted as Functional, Nondistinctive
By Keval Amin on Apr 25, 2024
Posted In Trademarks
The US Court of Appeals for the Fourth Circuit affirmed a district court’s summary judgment grant in a trademark dispute, finding that the district court did not err in concluding that a subset of design elements lacked distinctiveness in the public’s view. TBL Licensing, LLC v. Katherine Vidal, Director of the United States Patent and...
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Faulty Jury Instruction Tampered With Tamper-Proof Trial
By Keval Amin on Apr 4, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed in part, vacated in part and remanded a district court decision after concluding that a jury instruction on the objective indicia of nonobviousness that failed to specify all indicia on which evidence had been received constituted prejudicial legal error. Inline Plastics Corp. v. Lacerta Group,...
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