Chad Everingham

Chad Everingham

Akin Gump Strauss Hauer & Feld LLP

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Latest Publications


Southern District of New York Jury Orders Costco to Pay Tiffany & Co. $8.25 Million in Punitive Damages for Selling...

On October 5, 2016, a Southern District of New York jury ordered Costco Wholesale Corp. (“Costco”) to pay Tiffany & Co. (“Tiffany”) an additional $8.25 million in punitive damages for selling “Tiffany” engagement rings that...more

10/21/2016 - Costco Counterclaims Descriptive Trademarks Punitive Damages Tiffany and Company Trademark Infringement

Federal Circuit Finds Another Software Patent Ineligible

In Affinity Labs of Texas, LLC v., Inc., Chief Judge Prost affirmed a district court’s finding that Affinity Labs’ patent was invalid for being directed to ineligible subject matter because it was directed to an...more

10/17/2016 - Abstract Ideas Amazon CLS Bank v Alice Corp Corporate Counsel Patent Invalidity Patent-Eligible Subject Matter

The District Court May Consider Objective Reasonableness of the Infringement Defenses as Part of the Evaluation of the Totality of...

On remand from the Supreme Court, the Federal Circuit vacated the judgment of the district court that defendant ION Geophysical Corporation (ION) does not willfully infringe the asserted patents of plaintiff WesternGeco...more

10/10/2016 - Enhanced Damages Halo v Pulse Octane Fitness v. ICON Remand Seagate Vacated Willful Infringement

Federal Circuit Finds Adequate Written Description Support Under the Doctrine of Inherent Disclosure

On September 20, 2016, the Federal Circuit issued an opinion affirming a judgment by the District Court for the District of Columbia finding the claims of Abbott GMBH & Co. KG’s (“Abbott”) U.S. Patent No. 5,344,915 (the “’915...more

10/3/2016 - Abbott Laboratories Appeals Inherent Disclosure Doctrine Patent Litigation Pharmaceutical Patents Prior Art

Federal Circuit Clarifies the Applicability of Alice to Software Patents

A recent decision by the Federal Circuit Court of Appeals (Federal Circuit) reversed a summary judgment of invalidity due to patent ineligible subject matter. The two patents at issue cover automating a 3-D animation method...more

10/3/2016 - Animation CLS Bank v Alice Corp Patent-Eligible Subject Matter Reversal Summary Judgment

District Court Denies Motion to Dismiss After Defendants Fail to Show Plaintiffs’ Diagnostic Claims Lacked an Inventive Concept

On August 25, 2016, the District Court for the District of Massachusetts denied a motion to dismiss for lack of patent eligible subject matter filed by defendants Mayo Collaborative Services, LLC and Mayo Clinic. Applying the...more

9/12/2016 - CLS Bank v Alice Corp Diagnostic Method Motion to Dismiss Patent-Eligible Subject Matter

District Court Grants Permanent Injunction, but Denies Product Recall

A judge in the Western District of Michigan enjoined a roofing manufacturer’s infringing and directly-competing vented soffit product, but denied the patentee’s request for a complete product recall....more

9/12/2016 - eBay Test Injunctive Relief Manufacturers Patent Infringement

New Trade Secret Protections to Become Law

After several years of consideration of possible civil federal trade secret legislation in Congress, the Defend Trade Secrets Act of 2016 (S. 1890) passed with significant bipartisan support in the Senate on April 4, 2016...more

4/29/2016 - Defend Trade Secrets Act (DTSA) Economic Espionage Act Obama Administration

Supreme Court Limits Software Patents on “Abstract” Ideas

On June 19, in Alice Corp. Pty. Ltd. v. CLS Bank Int’l et al., No. 13-298, the Supreme Court unanimously held that a party may not patent “generic computer implementation” of an abstract business idea. Relying on the Court’s...more

6/20/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents Risk Mitigation SCOTUS Software

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