Paul Schoenhard

Paul Schoenhard

Ropes & Gray LLP

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Divided Federal Circuit Applies Chevron Deference and Holds That Inducement May Form the Basis for a Violation of Section 337 in...

On August 10, 2015, an en banc Federal Circuit issued its much-awaited decision in Suprema, Inc. v. Int’l Trade Comm’n (No. 2012-1170), a case that had the potential to curtail the scope of conduct that may be addressed by...more

8/11/2015 - Chevron Deference Imports Induced Infringement ITC Jurisdiction Patent Infringement Patent Litigation Patents Section 337 Tariff Act of 1930

Federal Circuit En Banc Decision in Williamson v. Citrix Overrules Long Line of Precedent Regarding Functional Claiming and § 112,...

On June 16, 2015, the Federal Circuit issued its decision in Williamson v. Citrix Online, overruling en banc a long line of precedent regarding functional claiming and affirming a District Court decision finding asserted...more

6/18/2015 - America Invents Act Appeals Claim Construction En Banc Review Indefiniteness Noninfringement Patent Litigation Patents USPTO

Supreme Court Rules that a Generic Computer Application of a Fundamental Concept is Not Patent Eligible in Alice Corp. v. CLS Bank

On June 19, 2014, the Supreme Court in Alice Corporation Pty. Ltd. v. CLS Bank International, No. 13-298, unanimously held that software relating to a computerized scheme for mitigating “settlement risk” was not patent...more

6/20/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents Risk Mitigation SCOTUS Software

Gaps, Conflicts and Ambiguities in the Federal Courts’ Post-AIA Patent Jurisdiction

In the year and a half since Congress passed the Leahy-Smith America Invents Act (AIA), much has been said and written about the AIA’s substantive impacts on patent law and on practice before the Patent and Trademark Office....more

7/17/2013 - America Invents Act Jurisdiction Patent Applications Patent Litigation Patent Reform Patents USPTO

New Rules at the ITC Target Efficiency, Require Caution

The U.S. International Trade Commission recently issued two sets of final rules, which may substantively alter ITC practice on a going-forward basis. The first set applies to investigations instituted on or after May 20 of...more

7/17/2013 - Disclosure Discovery Investigations ITC Legal Costs

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