Scott Chambers

Scott Chambers

Patton Boggs LLP

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Supreme Court Finds Patent Owner Have Burden of Proving Infringement in a Declaratory Judgment Case

The Supreme Court has unanimously ruled that a patent owner always has the burden of proving infringement, even if the case is brought by a licensee asking for a declaration that the licensed patents were not invalid. ...more

1/24/2014 - Burden of Proof Declaratory Judgments Infringement Medtronics Patent Infringement Patent Litigation Patents SCOTUS

FTC Announces Study of "Patent Assertion Entities"

The Federal Trade Commission (FTC) announced on September 27, 2013 that it would begin an investigation of so-called “patent assertion entities” (PAE). Its first step was to seek public comment on a lengthy series of...more

10/7/2013 - Abuse of Process FTC Patent Assertion Entities Patent Litigation Patent Trolls

Non-Practicing Entity Sued Under RICO for Bringing Allegedly Frivolous Patent Infringement Cases

A company that has filed a series of cases alleging infringement of a patent has found itself named as a defendant sued under the federal Racketeering and Corrupt Organizations Act (RICO). The case, FindTheBest.com, Inc. v....more

9/20/2013 - Frivolous Lawsuits Non-Practicing Entities Patent Infringement Patent Trolls Patents RICO

Supreme Court Limits Patentability of Human Gene Sequences

The Supreme Court today issued a decision in Association for Molecular Pathology v. Myriad Genetics, which reduced the ability to patent human gene sequences. ...more

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

Intellectual Property Client Alert: Definiteness in Patent Claims

The Federal Circuit, in Function Media v. Google, has determined that use of “means” language in a claim can lead to indefiniteness. Functional Media sued Google for infringement of three patents regarding advertising...more

2/22/2013 - Algorithms Definiteness Function Media v Google Google Indefiniteness Infringement Means Language Means-Plus-Function Patent Portfolios Patents Software

Federal Circuit Potential for Indirect Infringement Liability Provides a Justiciable Controversy for Declaratory Judgment...

In Arkema Inc. v. Honeywell Int’l, Inc., the Federal Circuit reversed a District Court’s finding of no justiciable controversy under Article III for a declaratory judgment suit over indirect infringement liability. Arkema...more

2/11/2013 - Article III Declaratory Judgments Indirect Infringement Jurisdiction Justiciable Controversy Patents

Delaware Court Dismisses “Anticipatory” First-Filed Declaratory Judgment Action

The Delaware District Court dismissed a declaratory judgment action in favor of a later-filed patent infringement suit on the same patent. The ruling provides a roadmap for patent owners to pursue a settlement without the...more

2/4/2013 - Declaratory Judgments First-to-File Forum Infringement Patents

New Patent Fees Finalized

The U.S. Patent and Trademark Office (PTO) has finalized new fees to take effect in March 2013. The PTO believes these fees will aid in reducing pendency of patent applications within the agency. The PTO is relying on...more

1/29/2013 - Inter Partes Review Proceedings Patent Fees Patent Term Adjustment Patents USPTO

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