Ellen Wong

Ellen Wong

Foley & Lardner LLP

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Patent Eligibility Under Alice: Reliance on Lack of Routine or Conventional Use

Federal courts have continued to wrestle with the standard for patent eligibility under 35 U.S.C. § 101 set by the Supreme Court’s ruling in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014). This is...more

3/5/2015

Attorneys' Fees Awarded to Small Business Patent Owner to Advance Considerations of "Compensation and Deterrence"

A recent case in the District of Connecticut demonstrates that courts may be more willing to award attorneys’ fees to a small plaintiff, encouraging such a plaintiff to protect its patent when it is the plaintiff’s “primary...more

10/10/2014 - Attorney's Fees Business Assets Damages Lanham Act Octane Fitness v. ICON Patent Infringement Patent Trolls Patents Small Business

Pre-Issuance Conduct May Support Declaratory Judgment Jurisdiction

On March 11, 2014, in Danisco US Inc. v. Novozymes A/S, No. 2013-1214 (Fed. Cir.), the Federal Circuit held that pre-issuance conduct can be considered when determining whether a declaratory judgment defendant has instigated...more

3/17/2014 - Declaratory Judgments Jurisdiction Patent Litigation Patents USPTO

Federal Circuit Invalidates Patent Over the Inventions Set Forth in the Claims Requirement of 35. U.S.C. § 112 ¶ 2.

The Federal Circuit’s recent decision in Juxtacomm-Texas Software, LLC v. Tibco Software, Inc., Nos. 2013-1004, -1025 (Sept. 30, 2013) (nonprecedential) serves as a reminder of the vulnerability of patent claims that drift...more

10/16/2013 - Claim Construction Inventions Patent Litigation Patents

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