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"US Supreme Court Reiterates Two-Part Test for Patentability of Computer-Based Methods"

In a unanimous decision issued on June 19, 2014, the U.S. Supreme Court found that patent claims for managing risk in a financial transaction were drawn to an abstract idea that was patent-ineligible under 35 U.S.C. § 101....more

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

"Supreme Court Relaxes Standard for Patent Indefiniteness"

In a decision issued on June 2, 2014, the U.S. Supreme Court lowered the bar for parties arguing patent indefiniteness under 35 U.S.C. § 112. Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369 (U.S. June 2, 2014). The...more

6/3/2014 - Indefiniteness Nautilus Inc. v. Biosig Instruments Patent Infringement Patent Litigation Patents SCOTUS

"Supreme Court Tightens Requirement for Proving Induced Infringement of Method Patents"

In a unanimous decision issued on June 2, 2014, the U.S. Supreme Court significantly tightened the requirements for proving inducement of infringement of method patent claims under 35 U.S.C. § 271(b). Limelight Networks, Inc....more

6/3/2014 - Akamai Technologies Induced Infringement Limelight Limelight Networks Patent Infringement Patent Litigation Patents SCOTUS

"Supreme Court Relaxes Standards for Attorneys’ Fees in Highly Anticipated Decisions"

In companion decisions issued on April 29, 2014, the U.S. Supreme Court significantly relaxed the standard for an award of attorneys’ fees under 35 U.S.C. § 285. Octane Fitness, LLC v. ICON Health & Fitness, LLC, ___ U.S. ___...more

4/30/2014 - Attorney's Fees Highmark v. Allcare Octane Fitness v. ICON Patent Infringement Patent Litigation Patents SCOTUS

"FTC Seeks Comment on Collection of Information Relating to Patent Assertion Entities"

On September 27, 2013, the Federal Trade Commission announced that the four sitting Commissioners voted unanimously to seek public comments on a proposal to gather information to examine how patent assertion entities (PAEs)...more

9/30/2013 - Corporate Governance FTC Patent Assertion Entities Patent Portfolios Patent Trolls Patents

"Patent Eligibility Considerations Following the Supreme Court’s Myriad Ruling"

On June 13, 2013, the Supreme Court issued its long-awaited decision in Assoc. for Molecular Pathology v. Myriad Genetics, Inc., U.S., No. 12–398 (Myriad). In a unanimous opinion, the Court held that a naturally occurring DNA...more

6/17/2013 - AMP v Myriad DNA Human Genes Myriad Patent-Eligible Subject Matter Patents SCOTUS

"US District Court Issues First Decision Calculating a FRAND Royalty for Standard-Essential Patents"

Why this case is important: - First decision to set a framework for determining a FRAND royalty; and - Provides guidance for calculating the value of a SEP, affecting (1) SEP holders and potential licensees...more

4/29/2013 - FRAND Microsoft Motorola Patents Royalties Standards-Essential Patents

"Recent Amendment to the Economic Espionage Act Extends Protection Against Misappropriation"

On December 28, 2012, President Obama enacted the Theft of Trade Secrets Clarification Act of 2012. The Act clarifies the scope of Section 1832 of the Economic Espionage Act and attempts to reverse the Second Circuit’s recent...more

1/4/2013 - Aleynikov Economic Espionage Act Espionage Foreign Commerce Goldman Sachs Intangible Property Interstate Commerce Misappropriation Technology Trade Secrets

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