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“Private” Sale of Invention Bars Patents

Last month, the Federal Circuit issued a decision confirming that a “private” sale of an invention, more than one year before the effective filing date of a patent application for that invention, invalidates the resultant...more

Supreme Court Reinforces Patent Exhaustion, Both Domestically and Internationally

The U.S. Supreme Court issued its decision in Impression Products, Inc. v. Lexmark International, Inc. In a unanimous 8 – 0 ruling, the Court held that the authorized sale of a patent product in the U.S. exhausted all patent...more

Supreme Court Limits Overseas Contributory Liability

The U.S. Supreme Court today issued its decision in Life Technologies Corp. v. Promega Corp. In a substantially unanimous (7-0) ruling, the Court held that supplying a single component of a multicomponent invention for...more

Supreme Court Lowers Bar for Awarding Enhanced Damages for Patent Infringement

The U.S. Supreme Court today ruled in favor of patent owners with a unanimous (8-0) decision in Halo Electronics, Inc. v. Pulse Electronics, Inc. The Court held that the Federal Circuit's strict test for awarding enhanced...more

Light in the Alice Tunnel: Software Claims Found Patentable

On May 12, the Court of Appeals for the Federal Circuit in Enfish, LLC v. Microsoft Corporation provided much needed guidance for the patent community in finding that software claims were patentable subject matter under...more

Supreme Court Leaves Post-Patent Expiration Royalty Rule in Place

The U.S. Supreme Court today in Kimble v. Marvel Entertainment, LLC upheld the longstanding Brulotte rule that a patent owner cannot continue to receive royalties for sales made after its patent expires. In a 6-3 decision,...more

Supreme Court Holds That "Good Faith" Belief in Patent Invalidity is No Defense to Induced Infringement

The U.S. Supreme Court today in Commil USA, LLC v. Cisco Systems, Inc. ruled that a "good faith" belief that a patent is invalid was not a defense to a claim of induced infringement. Reversing the Federal Circuit, the Court...more

Supreme Court Affirms Computerizing Fundamental Economic Practice Too Abstract To Be Patentable

The U.S. Supreme Court yesterday in Alice Corporation Pty. Ltd v. CLS Bank International unanimously continued its recent trend of finding certain patent claims too abstract to be patentable. The patents in question contained...more

Supreme Court Rulings Help Defendants in Patent Infringement Suits

The U.S. Supreme Court issued decisions in two major patent infringement cases today, overturning Federal Circuit Court of Appeals rulings on the standards for proving patent vagueness and induced infringement. Summaries of...more

Supreme Court Strikes Double Blow for Patent Infringement Defendants

Yesterday, the U.S. Supreme Court issued two decisions that will expand the opportunity for a defendant in a patent infringement suit to be awarded attorney fees in an "exceptional case." In Octane Fitness, LLC v. ICON Health...more

Supreme Court Strengthens Copyright First Sale Doctrine

The U.S. Supreme Court today issued its decision in Kirtsaeng v. John Wiley & Sons, Inc. In a 6-3 ruling, the Supreme Court held that the first sale doctrine, which protects the owner of a lawful copy of a copyrighted work,...more

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