Unlike utility patents, which are frequently invalidated on obviousness grounds, design patents historically faced a rigid test making obvious findings rare. The Federal Circuit has just issued an en banc decision that upends...more
In a 7-2 opinion authored by Justice Thomas, the U.S. Supreme Court held that patentees can “recover for lost foreign profits” when a defendant “ships components of a patented invention overseas to be assembled there” in...more
In a unanimous decision, on June 13, 2016, the U.S. Supreme Court rejected the CAFC Seagate “objective recklessness” standard and appeal criteria. As is its habit, the Supreme Court has thus taken away relatively clear...more