Most reputable online marketplaces have long offered policing programs to address counterfeiting of registered copyrights and trademarks. The copyright or trademark owner needs only to provide the marketplace with a copy of...more
5/9/2024
/ Amazon ,
Amazon Marketplace ,
Cease and Desist Orders ,
Copyright ,
Counterfeiting ,
Declaratory Judgments ,
Limited Liability Company (LLC) ,
Patent Infringement ,
Patent Validity ,
Personal Jurisdiction ,
Safe Harbors
It’s never a bad time for companies holding U.S. patents to assess their patent marking strategy and compliance. Patent marking is often neglected or relegated to the marketing team, but it shouldn’t be. Whether what and how...more
While direct patent infringement is a strict liability offense, liability for inducing another’s infringement requires an element of intent. Specifically, the party accused of inducement must have known of the patent and...more
On December 29, 2022, Congress passed the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM Consumers Act”). This Act creates obligations for online marketplaces directed at...more
A Congressional Subcommittee will consider new legislation that would reverse much of the Supreme Court’s recent jurisprudence regarding patent eligibility and significantly improve the chances of patenting certain software...more
Effective March 27, 2021, the Preventing Online Sales of E-Cigarettes to Children Act (E-Cig Act) expands on existing legislation governing the shipment of cigarettes to impose restrictions on the shipment of “Electronic...more
As we predicted in our recent Corporate Counsel IP Symposium, the Supreme Court has overturned the Federal Circuit’s Seagate standard for determining willful infringement and enhancing damages under 35 U.S.C. § 284. In a...more
The United States Court of Appeals for the Federal Circuit, on remand from the United States Supreme Court, recently held that certain method claims in a patent owned by Akamai Technologies were infringed by Akamai’s...more
For the past ten years, there has been a strong presumption against interpreting a functional claim element lacking the word “means” as a means-plus-function claim element under § 112(f) (previously § 112 ¶ 6). One could...more
In a 2-1 decision handed down May 13, 2015, the Court of Appeals for the Federal Circuit upheld what has become known as the “joint infringement defense,” under which a method claim is not infringed where the claimed steps...more