Richard Gervase Jr.

Richard Gervase Jr.

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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 Standards-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 CJEU ECJ EU FRAND Injunctive Relief Intellectual Property Protection Patent Infringement Patent Litigation Patents Popular Remedies Standard Essential Patents TFEU

Supreme Court Upholds Brulotte Rule Prohibiting Post-Expiration Patent Royalties

On June 22, 2015, the Supreme Court issued its decision in Kimble v. Marvel Entertainment, LLC, upholding the rule, first announced in Brulotte v. Thys Co., 379 U. S. 29 (1964), that an agreement allowing a patent owner to...more

6/24/2015 - Brulotte Kimble v Marvel Enterprises Law-of-the-Case Marvel Comics Patent Royalties Patent Terms Patents Royalties SCOTUS Stare Decisis

Belief That a Patent Is Invalid Is Not a Defense to Inducement Liability

The Supreme Court issued its long-anticipated decision in Commil USA, LLC v. Cisco Systems, Inc. on Tuesday holding that a patent infringement defendant’s good faith belief that the patent in suit is invalid is not a defense...more

5/31/2015 - Cisco Cisco v CommilUSA Good Faith Honest Belief Defense Induced Infringement Patent Infringement Patent Invalidity Patent Litigation Patents Popular SCOTUS

Kimble and Post-Expiration Royalties: The Next Big Thing, or Much Ado About Nothing?

Today, as we previewed here, the US Supreme Court analyzed the question of whether patent holders should be allowed to contract for royalty payments that continue to accrue after the expiration of the subject patent. While...more

4/1/2015 - Brulotte License Agreements Patent Royalties Patents Royalties SCOTUS

Supreme Court to Hear Argument on March 31 Whether to Overrule Brulotte v. Thys, Co.

Fifty years ago, the Supreme Court held in Brulotte v. Thys Co., 379 U.S. 29 (1964) that a license agreement requiring royalty payments for use of a patented invention after expiration of the patent term is unlawful per se. ...more

3/26/2015 - Brulotte IP License Kimble v Marvel Enterprises License Agreements Marvel Comics Patents SCOTUS

Federal Circuit Says District Courts Should Freely Grant Stays When CBM Proceeding Instituted

On November 20, 2014, the Federal Circuit issued its decision in Versata Software, Inc. v. Callidus Software, Inc. reversing the district court’s denial of a motion to stay pending a Covered Business Method (“CBM”) review of...more

12/2/2014 - Covered Business Method Proceedings Inter Partes Review Proceedings Motion To Stay Patent Litigation Patent Trial and Appeal Board Patents

Computer Implementation Not Enough to Render Abstract Ideas Patent Eligible

The Supreme Court yesterday issued its long-awaited decision in Alice Corporation v. CLS Bank International addressing the patent eligibility of computer-implemented inventions under 35 USC §101. The Court’s unanimous...more

6/23/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS Software Technology

Supreme Court Holds That Reverse Payment Patent Settlements Are Subject to Antitrust Scrutiny

For over a decade, the antitrust enforcers at the Federal Trade Commission have challenged the type of patent settlement where a brand-name drug manufacturer pays a prospective generic manufacturer to settle patent...more

6/24/2013 - Actavis Inc. FTC FTC v Actavis Generic Drugs Pay-For-Delay Pharmaceutical Prescription Drugs Reverse Payment Settlement Agreements SCOTUS Settlement

U.S. Supreme Court Rules That Isolated Human Genes Are Unpatentable

Summary - On June 13, 2013 in a much-anticipated decision, the U.S. Supreme Court in Association for Molecular Pathology v. Myriad Genetics, 569 U.S. __ (2013) unanimously held that claims for isolated DNA sequences...more

6/14/2013 - AMP v Myriad Biotechnology DNA Human Genes Myriad Patent-Eligible Subject Matter Patents SCOTUS

Patent Eligibility of Software Innovations After CLS Bank

The en banc Court of Appeals for the Federal Circuit recently could not agree on the proper approach for determining whether software-based inventions constitute patent eligible subject matter under § 101 of the patent...more

5/20/2013 - CLS Bank CLS Bank v Alice Corp Investors Patent Applications Patent-Eligible Subject Matter Patents

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