TWO GUNS, BUT ONLY ONE BULLET, OR, ONCE IN IPR, DO NOT SAVE YOUR ARGUMENTS FOR LITIGATION A patent can be challenged in court as a defense to an infringement action or through an administrative proceeding before the U.S....more
Forum selection provisions appear (or are at least proposed) in all types of agreements and often provoke disagreement in negotiations because of the potential for a real or perceived strategic advantage of a particular court...more
In this podcast, McNees Wallace & Nurick attorney Shawn Leppo discusses the fundamentals of patent infringement....more
In its most recent foray into patents, the Supreme Court continued its recent line of decisions interpreting laws to limit the international reach of U.S. intellectual property protection. The holding can be summarized in...more
The year 2016 saw interesting and diverse developments in trademark, copyright, trade secret, and patent law. Not only has intellectual property news been in the headlines, but these areas have made it to the Supreme Court....more
1/30/2017
/ Apple v Samsung ,
Copyright ,
Copyright Litigation ,
Defend Trade Secrets Act (DTSA) ,
First Amendment ,
Halo v Pulse ,
Intellectual Property Protection ,
Lanham Act ,
Likelihood of Confusion ,
Patent Infringement ,
Patents ,
TC Heartland LLC v Kraft Foods ,
Trade Secrets ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Young Lawyers
In a December 6, 2016 opinion, the U.S. Supreme Court rendered the latest decision in the long-running war over smartphones between industry and cultural titans, Apple and Samsung. While many might have hoped for a clarifying...more
On June 13, 2016, the Supreme Court unanimously rejected the Federal Circuit’s current standard for awarding enhanced patent damages, finding it too rigid and inconsistent with the enhanced damages statute, 35 U.S.C. §284. As...more
6/14/2016
/ 35 U.S.C. § 284 ,
Abuse of Discretion ,
Enhanced Damages ,
Halo v Pulse ,
Judicial Discretion ,
Patent Infringement ,
Patents ,
SCOTUS ,
Standard of Proof ,
Standard of Review ,
Stryker v Zimmer ,
Willful Infringement
In a rare instance in which all judges participated, the Federal Circuit issued a ruling earlier this month, in Lexmark International, Inc. v. Impression Products, Inc., on the legal issue of patent exhaustion for both...more
On June 2, 2014, the Supreme Court decided two closely-watched patent cases, unanimously reversing the U.S. Court of Appeals for the Federal Circuit and making it easier to defend some claims of patent infringement....more
6/5/2014
/ Akamai Technologies ,
Appeals ,
Claim Construction ,
Direct Infringement ,
En Banc Review ,
Indefiniteness ,
Induced Infringement ,
Limelight Networks ,
Miniauction ,
Nautilus Inc. v. Biosig Instruments ,
Patent Infringement ,
Patent Litigation ,
Patents ,
SCOTUS
In its first intellectual property ruling of the current term, the Supreme Court unanimously held on January 22, 2014 in Medtronic, Inc. v. Mirowski Family Ventures LLC that a patentee always bears the burden of proving...more