Michael Renaud

Michael Renaud

Mintz Levin

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Supreme Court Makes It Harder for Willful Infringers to Escape Punishment

The Supreme Court has made it easier for patent owners to prove willful infringement and entitlement to enhanced damages. In a unanimous opinion issued yesterday in a pair of cases decided together, Halo Electronics, Inc. v....more

6/15/2016 - 35 U.S.C. § 284 Abuse of Discretion Enhanced Damages Halo v Pulse Judicial Discretion Patent Infringement Patents Preponderance of the Evidence SCOTUS Seagate Standard of Proof Standard of Review Stryker v Zimmer Willful Infringement

Protections of the Newly Enacted Defend Trade Secrets Act

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law. This important new legislation creates a federal private civil cause of action for trade secret misappropriation in which “[a]n owner of a...more

5/12/2016 - Asset Seizure Defend Trade Secrets Act (DTSA) Ex Parte Misappropriation Private Right of Action Whistleblower Protection Policies

Explaining the Provisions of the Defend Trade Secrets Act

The Defend Trade Secrets Act (DTSA) is now one signature away from becoming law. On April 4, 2016, the Senate unanimously passed the DTSA and, last week, on April 27, the House of Representatives followed suit, passing the...more

5/5/2016 - Asset Seizure Defend Trade Secrets Act (DTSA) Ex Parte Misappropriation Pending Legislation Preemption Private Right of Action Remedies Trade Secrets Whistleblower Protection Policies

Smartphone Wars – The Supreme Court Awakens: Samsung Files Petition for Certiorari in New Hope to Harmonize Design Patent Law

On December 14, 2015, in the latest episode of the smartphone wars, Samsung filed a petition for certiorari with the Supreme Court. Samsung is appealing a Federal Circuit decision that upheld a $399 million judgment against...more

12/18/2015 - Apple v Samsung Damages Design Patent Disgorgement Patent Infringement Petition for Writ of Certiorari Popular Samsung SCOTUS Smartphones

Mintz Levin Convinces The Federal Circuit To Completely Reverse And Remand An Adverse IPR Final Written Decision For The First...

Mintz Levin has won extraordinary relief for its client, Straight Path IP Group, Inc., convincing the Federal Circuit to completely reverse and remand an IPR final written decision adverse to a patent owner for the first...more

12/10/2015 - Broadest Reasonable Interpretation Standard Claim Construction Inter Partes Review Proceedings Patent Trial and Appeal Board Remand Reversal

Determining Damages for Standard Essential Patents: the Federal Circuit Provides Some Guidance in CSIRO v. Cisco

Late last week, in an opinion authored by Judge Prost, a panel of the Federal Circuit vacated a $16 million damages award won by Commonwealth Scientific and Industrial Research Organization (CSIRO) in its patent infringement...more

12/8/2015 - Apportionment Cisco Damages Patent Infringement Patent Royalties RAND Standard Essential Patents Young Lawyers

Federal Circuit Deems IPR Constitutional: The Patent Office Can Correct Its Own Mistakes

On December 9, 2015, the Federal Circuit ruled in MCM Portfolio LLC v. Hewlett-Packard Company that vesting the Patent Office with power to take back previously conferred patent rights through inter partes review does not...more

12/7/2015 - Article III Hewlett-Packard Inter Partes Review Proceedings Patent Trial and Appeal Board Seventh Amendment USPTO

Federal Circuit Deems IPR Constitutional: The Patent Office Can Correct Its Own Mistakes

Yesterday the Federal Circuit ruled in MCM Portfolio LLC v. Hewlett-Packard Company (here) that vesting the Patent Office with power to take back previously-conferred patent rights through inter partes review does not violate...more

12/4/2015 - Article III Hewlett-Packard Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board Seventh Amendment USPTO

Mintz Levin Convinces The Federal Circuit To Completely Reverse And Remand An Adverse IPR Final Written Decision For The First...

Mintz Levin has won extraordinary relief for its client, Straight Path IP Group, Inc., convincing the Federal Circuit to completely reverse and remand an IPR final written decision adverse to a patent owner for the first...more

11/30/2015 - Broadest Reasonable Interpretation Standard Claim Construction Inter Partes Review Proceedings Patent Trial and Appeal Board Plain Meaning Reversal

Apple v. Samsung Part IV: The Injunction May Not Be Dead

On Thursday, September 17, 2015, in the fourth Federal Circuit opinion arising out of the patent skirmishes between global high technology titans Apple and Samsung Electronics, a sharply divided Federal Circuit panel vacated...more

10/5/2015 - Abuse of Discretion Apple Apple v Samsung Article III eBay Test Injunctive Relief iPhone Irreparable Harm Nexus Patent Infringement Patent Litigation Patents Permanent Injunctions Public Interest Samsung Standing Vacated

Ninth Circuit Upholds Judge Robart’s RAND Determinations in Microsoft v. Motorola

Late last month, the Ninth Circuit Court of Appeals issued its much-anticipated decision in Microsoft v. Motorola, a breach of contract action brought by Microsoft alleging that Motorola violated its commitment to license its...more

8/17/2015 - Anti-Suit Injunctions Breach of Contract Covenant of Good Faith and Fair Dealing Damages ITC Licenses Microsoft Motorola Patent Infringement Patents RAND Standard Essential Patents

In “Limelight”, Unanimous Federal Circuit Outlines Framework for Direct Infringement of Method Claims

In a unanimous full court decision issued last week, the Federal Circuit availed itself of “the opportunity to revisit the § 271(a) question” left unanswered by the Supreme Court last year, and outlined “the governing legal...more

8/17/2015 - Covered Business Method Patents Direct Infringement Induced Infringement Limelight v Akamai Patent Infringement Patents

FTC Commissioners Weigh in on FRAND Debate

Two weeks ago, Federal Trade Commission (FTC) Chairwoman Edith Ramirez, writing on her own behalf, submitted comments in Investigation No. 337-TA-613, Certain 3G Mobile Handsets and Components Thereof (the 613 Investigation)...more

7/29/2015 - Abuse of Dominance DOJ Edith Ramirez Exclusion Orders FRAND FTC Injunctive Relief IP License ITC Patent Infringement Patent Litigation Patents Popular Public Interest Standard Essential Patents

EU Court Clarifies the Conditions Under Which Assertion of Standard-Essential Patents May Constitute Abuse of Market Dominance

Last week, in response to a request for a preliminary ruling by a German court hearing a patent infringement action brought by Huawei against ZTE, the Court of Justice of the European Union (ECJ) took up the question of...more

7/24/2015 - Abuse of Dominance EU European Court of Justice (ECJ) FRAND Injunctive Relief Intellectual Property Protection Patent Infringement Patent Litigation Patents Popular Remedies Standard Essential Patents TFEU

Writing on Her Own Behalf, Chairwoman Ramirez Takes a Position on FRAND

Federal Trade Commission (FTC) Chairwoman Edith Ramirez took the unusual step on July 13, 2015, of filing a written submission on her own behalf — and expressly not on behalf of her agency — in Investigation No. 337-TA-613,...more

7/17/2015 - Burden of Proof Determination on Remand Edith Ramirez Exclusion Orders FRAND FTC ITC Patent Infringement Patents Public Interest Section 337 Standard Essential Patents Standard Setting Organizations

FRAND Defense: ALJ Essex Provides an Evidence-Based Framework

Administrative Law Judge Essex has made another important contribution to the ongoing conversation regarding the enforcement of standard essential patents (SEPs) at the International Trade Commission. Building on the analysis...more

6/17/2015 - FRAND ITC Mobile Devices Patents Standard Essential Patents Wireless Devices

ALJ Essex Elaborates an Evidence-Based Framework for Adjudicating the FRAND Defense

Administrative Law Judge Essex recently issued the public version of his Initial Determination on Remand in International Trade Commission investigation No. 337-TA-613, In the Matter of Certain 3G Mobile Handsets and...more

6/13/2015 - ALJ Burden of Proof Determination on Remand FRAND Injunctive Relief IP License ITC Patent Infringement Patent Royalties Patents SSO Standard Essential Patents Wireless Devices

No One Told John Oliver About the America Invents Act: Last Week Tonight Stuck in 2012

The heady days of 2012 saw “Gangnam Style” dominate the U.S. music charts, Patricia Krentcil rocket to fame as the “New Jersey Tanning Mom,” and the New York Giants win the Super Bowl. That year also is the source of nearly...more

5/6/2015 - America Invents Act Attorney's Fees CLS Bank v Alice Corp Octane Fitness v. ICON Patent Infringement Patent Litigation Patent Trolls Patents SCOTUS Software Software Developers Young Lawyers

‘Last Week Tonight’ Host John Oliver Ignores the Last Three Years of Patent Reform

Have you seen John Oliver’s piece about abuses in the patent system? If not, take a look here. The ‘Last Week Tonight’ host has quite a bit of fun at the expense of the patent system. He tossed out three primary...more

5/1/2015

House Judiciary Committee Holds Hearing on Innovation Act, Fee-Shifting

Tuesday, April 14, the House Judiciary Committee convened to discuss H.R. 9, the “Innovation Act,” which was introduced in February 2015 by the Committee’s Chairman, Rep. Bob Goodlatte (R-VA). The hearing came a day after the...more

4/16/2015 - Attorney's Fees Congressional Investigations & Hearings Fee-Shifting Innovation Act Octane Fitness v. ICON Patents

A “Solution” in Search of a Problem? The Innovation Act of 2015 and Trends in Fee-shifting in Patent Litigation

On February 5, 2015, Rep. Robert Goodlatte (R-VA) introduced H.R. 9, entitled the “Innovation Act.” Among other things, the bill would direct courts to award attorneys’ fees and litigation-related expenses to prevailing...more

3/16/2015 - Attorney's Fees Fee-Shifting Innovation Act Intellectual Property Litigation Litigation Fees & Costs Octane Fitness v. ICON Patent Infringement Patent Litigation Patents Popular Prevailing Party Proposed Legislation

IEEE Clarifies RAND Commitment for Standard-Essential Patents

On February 8, 2015, the Board of Governors of the Institute of Electrical and Electronics Engineers (“IEEE”) approved changes to the IEEE Patent Policy that provide additional specificity as to the nature of the obligation...more

2/19/2015 - DOJ IEEE Patents RAND Standard Essential Patents USPTO

Carnegie Mellon University v. Marvell: $1.5 Billion at Stake at the Federal Circuit

Currently on appeal to the United States Court of Appeals for the Federal Circuit is Carnegie Mellon University’s (“CMU”) $1.535 billion judgment for patent infringement against Marvell Technology Group Ltd. and Marvell...more

1/14/2015 - Appeals Carnegie Mellon Colleges Non-Practicing Entities Patent Infringement Patent Litigation Patents Universities

Patentability of Software Post-Alice: How Do Courts Determine Whether an Idea is Abstract ?

Since the Supreme Court’s decision in Alice Corp. v. CLS Bank Int’l on patentable subject matter, courts have tried to follow the prescribed framework. Under Alice, patent claims are invalid if directed to “abstract ideas”...more

1/12/2015 - Bilski CLS Bank v Alice Corp Mayo v. Prometheus New Guidance Patent-Eligible Subject Matter Patents Software USPTO

Patent Hold-Up or Patent Hold-Out? Judge Essex Adds His Voice to the SEP-FRAND Debate

Administrative Law Judge Essex recently issued the public version of his Initial Determination in ITC investigation No. 337-TA-868, ruling that the respondents are precluded from relying on the defense that the patent holder...more

7/11/2014 - FRAND Licenses Patent Litigation Patent-in-Suit Patents Standard Essential Patents USPTO

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