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En Banc Federal Circuit: § 145 Appellants Do Not Have to Pay (Attorneys’ Fees) to Play

The en banc US Court of Appeals for the Federal Circuit held that a dissatisfied patent applicant that chooses to appeal from a decision of the Patent Trial and Appeal Board rejecting claims of a patent application can appeal...more

En Banc Federal Circuit | § 145 Appellants Generally Not Liable for PTO Attorneys' Fees

The en banc US Court of Appeals for the Federal Circuit reversed a panel decision and held that 35 USC § 145 does not require applicants appealing to the US District Court for the Eastern District of Virginia to pay the...more

US Supreme Court Knocks out the Equitable Defense of Laches in Patent Law

The Supreme Court of the United States in SCA Hygiene Prods. Aktiebolag, et al. v. First Quality Baby Prods., LLC, et al., has held that the equitable defense of laches is no longer a valid defense to patent damages claims...more

Indirect Patent Infringement Can Be Based on Willful Blindness and Circumstantial Evidence

In a case remanded by the Supreme Court of the United States “for further consideration in light of Commil” (IP Update, Vol. 18, No. 6), the US Court of Appeals for the Federal Circuit reinstated its prior decision of...more

Good Faith Belief in Invalidity No Defense to Active Inducement

The U.S. Supreme Court (Justice Kennedy writing for the majority) has now eliminated a defense that has been available to parties accused of actively inducing patent infringement under 35 USC § 271(b). The Court held that a...more

Supreme Court on Evaluation of Claims to Computer-Implemented Inventions under 35 U.S.C. § 101

On June 19, 2014, the Supreme Court of the United States issued its much anticipated decision in Alice Corporation Pty. Ltd. v. CLS Bank International et al., confirming that computer-implemented inventions, such as computer...more

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