Latest Publications

Share:

Federal Circuit Provides Important Guidance in RAND Disputes

On Dec. 4, 2014, the Federal Circuit issued a much-anticipated opinion in Ericsson, Inc. v. D-Link Sys., Inc., Nos. 2013-1625, -1631, -1632, -1633 (Fed. Cir. Dec. 4, 2014). The panel—consisting of Judges Kathleen O'Malley,...more

12/9/2014 - Ericsson Patent Litigation Patent Royalties Patents RAND Royalties Standard Essential Patents

Ultramercial Inc. v. Hulu, LLC: Federal Circuit Invites Early Challenges to Subject Matter Eligibility of Software Patents

Earlier this year, in Alice v. CLS Bank, the Supreme Court set out guidelines for determining whether patents claiming software and hardware features are statutorily eligible for patentability under 35 U.S.C. § 101. Following...more

11/21/2014 - CLS Bank v Alice Corp Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Software Ultramercial v Hulu

On Obtaining and Asserting Both Trade Secret and Patent Protection: The ITC and Federal Circuit Weigh In

We’ve written previously about how intellectual property owners can obtain both patent and trade secret protection in the same technology. A case out of the Federal Circuit illustrates that IP holders sometimes choose to...more

10/16/2014 - ITC Patents Technology Trade Secrets

UPDATE: A New Top 10 Disclosed Trade Secret Settlement

A new trade secrets settlement has shaken up our top 10 disclosed settlements of all time. Business Logic, a Chicago-based developer of financial software, reports that the investment firm Morningstar, Inc. has agreed to pay...more

7/21/2014 - Morningstar Settlement Trade Secrets

Alice v. CLS Bank: A Unanimous Supreme Court Rules On When Computer Claims are Patent-Eligible Under 35 U.S.C. § 101

On June 19, 2014, the United States Supreme Court issued its opinion in Alice Corp. Pty. Ltd. v. CLS Bank International, No. 13-298, addressing the question of when patents claiming aspects of computer software satisfy the...more

6/25/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents Risk Mitigation SCOTUS Software

It’s The Real Deal: California Court Finds Trade Secret Protection For Ideas

Here’s a small-time Silicon Valley inventor’s worst nightmare: he shops his technology to a large multi-national company, but the company declines to implement his idea as pitched. Instead, the multi-national company turns...more

5/20/2014 - Digital Signature Standards Idea Theft Silicon Valley Trade Secrets

Supreme Court Liberalizes Award of Attorney Fees in Patent Cases

Yesterday, describing the Federal Circuit's two-part test as "unduly rigid" and "impermissibly encumber[ing] the statutory grant of discretion to district courts," Justice Sonia Sotomayor delivered a pair of unanimous U.S....more

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

U.S. Supreme Court Holds That Patentees Bear the Burden of Proof of Infringement in DJ Actions Brought by Licensee

A patentee bears the burden of proving infringement when a licensee seeks a declaratory judgment of non-infringement, the U.S. Supreme Court has held. The ruling reversed the Federal Circuit and clarified declaratory...more

1/28/2014 - Burden of Proof Evidence Genentech Infringement License Agreements MedImmune v Genentech Medtronic v Boston Scientific Medtronics Patent Infringement Patent Litigation Patents Royalties SCOTUS

Pulling Back The Veil: Top 10 Disclosed Trade Secret Settlements

Litigation settlements can often be shrouded in secrecy, and trade secret litigation settlements are no different. Parties are often sworn to confidentiality, and court dockets are typically silent on the amount of...more

10/16/2013 - SEC Settlement Trade Secrets

Reverse Payment Settlements Now Subject to Antitrust Scrutiny, But Lower Courts Left to Fill in the Blanks

Earlier this week in FTC v. Actavis, No. 12-416 (U.S. Jun. 17, 2013), the Supreme Court handed down its long-anticipated ruling on “reverse payment” or “pay-for-delay” agreements, holding that these agreements—while not...more

6/19/2013 - Antitrust Litigation FTC FTC v Actavis Generic Drugs Hatch-Waxman Patent Infringement Patents Pharmaceutical Reverse Payment Settlement Agreements

CLS Bank: A Deeply Divided En Banc Federal Circuit Fails to Rule When Computer Claims are Invalid Under 35 U.S.C. § 101

On May 10, 2013, the en banc Federal Circuit issued its highly anticipated decision in CLS Bank Int’l v. Alice Corp. Pty. Ltd., No. 2011-1301, concerning whether computer-implemented method and system claims are patent...more

5/16/2013 - Computer-Related Inventions Infringement Patent-Eligible Subject Matter Patents

Congress to Consider New 'Patent Troll' Legislation

On February 27, Congressional Representatives Peter DeFazio, D-Oregon, and Jason Chaffetz, R-Utah, introduced a proposed bill intended to curb litigation initiated by Non-Practicing Entities (NPEs), or “patent trolls.” NPE...more

3/5/2013 - Attorney's Fees Legal Costs Patent Trolls Patents Proposed Legislation SHIELD Act

Supreme Court Holds That Patent Legal Malpractice Claims Do Not “Arise Under” The Patent Laws and May Be Heard in State Court

On February 20, 2013, the Supreme Court issued a decision addressing the critical question of where plaintiffs can or must sue when their claims implicate patent law but are not traditional patent law claims. See Gunn v....more

2/22/2013 - Attorney Malpractice Exclusive Jurisdiction Federal Question Jurisdiction Gunn v Minton Mixed Motive Cases Patents SCOTUS

Supreme Court Decision May Allow Infringement Plaintiffs to Use a Covenant Not to Sue to Avoid an Invalidity Ruling

In an important intellectual property ruling likely to affect patent law as much as trademark law, the U.S. Supreme Court issued its opinion in Already, LLC v. Nike, Inc., No. 11-982 (U.S. Jan. 9, 2013), unanimously holding...more

1/10/2013 - Burden of Proof Covenant Not to Sue Infringement Nike Patents SCOTUS Trademarks

FTC-Google Consent Decree Provides Important Lessons Regarding Standards-Essential Patents

On January 3, 2013, the Federal Trade Commission (FTC) entered into a Consent Decree with Google Inc. (“Google”) and its wholly owned subsidiary Motorola Mobility LLC (“Motorola”). The decree settles allegations that Google...more

1/7/2013 - Competition FRAND FTC Google Licenses Patents Standards-Essential Patents

15 Results
|
View per page
Page: of 1