Justin Sobaje

Justin Sobaje

Foley & Lardner LLP

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Latest Publications


Has the Machine-or-Transformation Test Returned to Prominence in Patent Cases?

The machine-or-transformation test was once the gatekeeper of patent eligibility, but that reign ended in 2010 when the Supreme Court stated in Bilski that it is not the sole test for determining patentability. By 2013 the...more

2/2/2015 - Bilski Patent Litigation Patents SCOTUS Ultramercial v Hulu

Is the Commil Defense Underutilized in Patent Cases?

It has now been more than a year since the Federal Circuit rendered its decision in the Commil case providing a defense to the intent prong for active inducement of patent claims. At the time of the decision there were a...more

11/6/2014 - Affirmative Defenses Cisco v CommilUSA Patent Infringement Patent Litigation Patents

Are Permanent Injunctions in Patent Cases Back in Style?

Two recent district court decisions out of the District of Delaware have again placed the spotlight on permanent injunctions in patent cases. Prior to 2006, there was a longstanding general rule that courts would issue...more

8/25/2014 - eBay Patent Infringement Patent Litigation Patents Permanent Injunctions SCOTUS

Whither Bilateral Patent Prosecution Bars?

Patent practitioners involved in both litigation and prosecution might take comfort in the growing trend away from bilateral patent prosecution bars incorporated into protective orders. Defense attorneys have long contended,...more


Are Computer-Implemented Inventions Patent Eligible?

On March 31, the Supreme Court will hear arguments in Alice Corp. Pty. Ltd. v. CLS Bank Int’l (Supreme Court Docket No. 13-298). At issue is the scope of § 101 patent-eligible subject matter, with the patent eligibility of...more

3/11/2014 - Alice Corporation Cloud Computing CLS Bank CLS Bank v Alice Corp Patent-Eligible Subject Matter Patents

Native American Tribes Immune From Patent Infringement Suits

In the near future, Native American tribal organizations might consider expanding operations in many technological areas in view of recent court decisions indicating that tribes enjoy sovereign immunity from patent...more

12/19/2013 - Infringement Native American Issues Patents Sovereign Immunity

Federal Circuit Addresses Design Patent Invalidity Standards

Practitioners working in the area of design patent litigation should take note of the Federal Circuit’s recent decision in High Point Design LLC v. Buyers Direct, Inc., No. 2012-1455 (Sept. 11, 2013), which provides guidance...more

10/9/2013 - Design Patent Expert Testimony Obviousness Patents Prior Art

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