In This Issue:
- Celebrity Endorsements on Social Media: 7 Tips For Navigating The Right Of Publicity
- Landmark Privacy Ruling In Europe
- US Congress May Act Again On Patent Reform
- Supreme Court...more
Octane Fitness, LLC v. Icon Health & Fitness, Inc. -
Patent: Decided: April 29, 2014 -
Holding: A patent case is “exceptional” under 35 U.S.C. § 285 when it “stands out from others with respect to the...more
The Leahy-Smith America Invents Act (AIA), enacted in 2011 after three different US Congresses considered various iterations of the legislation, was the most sweeping reform of our patent system since 1952.
Section 112, paragraph 2 of the Patent Act requires that a patent “conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor  regards as the invention.” The...more
The United States Supreme Court issued two related opinions earlier today regarding the appropriate standard for awarding attorneys’ fees in patent litigation, Octane Fitness, LLC v. Icon Health & Fitness, Inc., and Highmark...more
OCTANE FITNESS V. ICON HEALTH & FITNESS* -
Patent: Argument: February 26, 2014 -
Issue: Whether the Federal Circuit’s two-part test for determining whether a case is “exceptional” under 35 U.S.C. § 285 – that it...more
RECENT DECISIONS -
Federal Trade Commission v. Actavis -
Patent Holding: (5-3) reverse payment settlement agreements should be reviewed based on a “rule of reason.
In a split...more
In This Issue:
- In The ITC:
..The Public Interest Factors – NEWEST PATENT TROLL COUNTERMEASURE?
..ITC or District Court? Look at the Math
- The New gTLDs And The Trademark Clearinghouse: Four Tips...more
Bowman v. Monsanto Co. -
Decided: 5/13/2013 -
Holding: (9-0) Patent rights are exhausted for only original seed sold.
Bowman, a farmer, purchased and planted Monsanto’s patented...more