Scott Llewellyn

Scott Llewellyn

Morrison & Foerster LLP

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En banc Federal Circuit Affirms ITC’s Authority to Issue Exclusion Orders for Induced Infringement of Method Claims

Reversing an earlier panel decision, the en banc Federal Circuit confirmed that the ITC has the authority to issue exclusion orders against imported products that ultimately are used to infringe method claims, even if those...more

8/12/2015 - Covered Business Method Patents Direct Infringement En Banc Review Imports Induced Infringement ITC Patent Infringement Patent Litigation Patents Section 337 Suprema

House Committee Advances Competing Patent Reform Legislation

With yesterday’s House Judiciary Committee vote, there are now competing, and in some respects significantly different, patent reform proposals under serious consideration in the House and the Senate. Among the most important...more

7/28/2015 - Fee-Shifting Hedge Funds Inter Partes Review Proceedings PATENT Act Patent Infringement Patent Reform Patent Trial and Appeal Board Patent Trolls Patents Post-Grant Review Proposed Legislation USPTO Venue

Turning The Tide on “Trolls”

When a non-practicing entity (NPE) accused 16,000 small businesses of violating its patent by merely emailing scanned documents, the New York attorney general cracked down, forcing a settlement. Then the FTC threatened to sue...more

7/9/2014 - FTC Non-Practicing Entities Patent Infringement Patent Litigation Patent Trolls Patents Proposed Legislation Settlement Unfair or Deceptive Trade Practices

Supreme Court Unanimously Affirms Federal Circuit’s Decision in CLS Bank: Alice Corp. Pty. Ltd. v. CLS Bank Int’l, No. 13-298

On June 19, 2014, the U.S. Supreme Court affirmed the Federal Circuit’s decision holding that the method, computer-readable medium, and system claims at issue in CLS Bank are not directed to eligible subject matter under 35...more

6/23/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents Risk Mitigation SCOTUS Software

Supreme Court Unanimously Overrules Federal Circuit’s Decision in Akamai

In a unanimous and unequivocal opinion, the Supreme Court ruled yesterday that liability for inducement of patent infringement requires that the induced entity itself perform every element of a claim, and thus directly...more

6/4/2014 - Akamai Technologies Induced Infringement Infringement Limelight Limelight Networks Patent Infringement Patent Litigation Patents SCOTUS

An NPE Settles with New York, Sues FTC

Over the past year, both the legislative and executive branches of the federal government have expressed increasing support for legislation and other measures targeting patent litigation abuse by non-practicing entities...more

1/22/2014 - Abuse of Process FTC Non-Practicing Entities Patent Litigation Patent Reform Patent Trolls

For Whom the Bell Trolls, Episode II: The Judiciary Strikes Back

Patent reform legislation continues to be hotly debated, both in the public arena and before Congress. Federal Circuit Chief Judge Randall R. Rader recently said that Congress should leave reform to the courts, echoing...more

11/21/2013 - Abuse of Process Frivolous Lawsuits Patent Reform Patent Trolls Patents

For Whom the Bell Trolls: A Summary of Recent White House and Congress Patent Initiatives

Last week, the White House once again weighed in on the issue of patent troll litigation, releasing a list of legislative recommendations and executive actions “designed to protect innovators from frivolous litigation and...more

6/13/2013 - Patent Trolls Patents

A Fractured Federal Circuit Creates More Questions Than Answers: CLS Bank Int’l v. Alice Corp., No. 2011-1301

On Friday, the U.S. Court of Appeals for the Federal Circuit issued its en banc decision in CLS Bank Int’l v. Alice Corp. The decision includes seven separate opinions spanning 135 pages, but the only precedential portion...more

5/14/2013 - CLS Bank CLS Bank v Alice Corp Patent-Eligible Subject Matter Patents

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