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In Onboard Wi-Fi Case, Covenant Not To Sue Has Wide Range

Judge Jeffrey Alker Meyer of the District of Connecticut recently released an opinion that is significant to litigants on either side of a covenant not to sue. In a complex case with a host of claims and counterclaims...more

Washington Football Franchise Calls an Audible, Tries to Score at the Supreme Court

Last week, the United States Patent and Trademark Office (“USPTO”) in Lee v. Simon Shiao Tam, asked the United States Supreme Court to reverse the decision of the United States Federal Circuit, which held that trademark law’s...more

Supreme Court Battle Set Over Prohibition of Disparaging Trademarks

Section 2(a) of the Lanham act bars the registration of “scandalous, immoral or disparaging trademarks.” The USPTO has used this applied this provision to refuse the registration of marks such as F**K PROJECT, PORNO JESUS,...more

The History, Purpose and Benefits of Patents

Britain has the longest known continuous patent system. British patents can be traced to the 15th Century, when the British Crown began granting exclusive rights, called “Letters Patent,” to certain manufacturers and traders....more

Absent Contemporaneous Objection to Order for Single Trial on Subset of Claims, No Due Process Violation - Nuance Communications...

The US Court of Appeals for the Federal Circuit ruled that a patent owner’s due process rights were not violated when a district court found that the defendant did not infringe all of the originally asserted patents, even...more

Federal Circuit Review | March 2016

Under O2 Micro, a District Court Must Provide a Claim Construction if the Parties Dispute the Meaning of a Claim Term - In Eon Corp. IP Holdings LLC v. Silver Springs Networks, Inc., Appeal No. 2015-1237, the Federal...more

Federal Circuit Finds Personal Jurisdiction Based On Plans To Market ANDA Product

In Acorda Therapeutics Inc. v. Mylan Pharmaceuticals Inc., the Federal Circuit held that the filing of an Abbreviated New Drug Application (ANDA) and intentions to market the product across the United States–including in the...more

The Supreme Court - March 2016 #3

The Supreme Court of the United States issued one per curiam decision on March 21, 2016: Caetano v. Massachusetts, No. 14-10078: Massachusetts enacted a law prohibiting the possession of stun guns. That law was upheld...more

ANDA Filings Create Personal Jurisdiction Everywhere

In Acorda Therapeutics, Inc. v, Mylan Pharmaceutical Inc., [2015-1460) (March 18, 2016), the Federal Circuit affirmed that Mylan was subject to specific personal jurisdiction in the District of Delaware, The Federal Circuit...more

Finally, the PTAB Gets Told to Give Patent Owners in IPR Some Due Process

As short a time period as inter partes reviews have existed, since they first started in 2012, patent owners have learned that they are often unlikely to get due process in IPRs from the Patent Trial and Appeal Board. This is...more

E-Loan, Inc. v. IMX, Inc. (PTAB 2016)

Typical "Business Method Patent" Struck Down by PTAB using CBM Review - On February 16, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent...more

Plaintiff Has Standing To Sue For Infringement Of Deduplication Patents

EMC Corporation, et al. v. Pure Storage, Inc., C.A. No. 13-1985 - RGA, February 29, 2016 - Andrews, J. Court finds plaintiff has standing to sue - The disputed technology relates to deduplications. ...more

Backdooring Investment Security (On the Apple Case)

There's lots of talk about information security with the Apple case. But, perhaps just as important, the case also raises important concerns relating to investment security and to the predictability of our markets and laws. ...more

Split Federal Circuit Upholds Constitutionality of Single PTAB Panels Rendering Both Institution & Final Written Decisions

On January 13, 2016, the Federal Circuit affirmed the decision of the PTAB in Ethicon Endo-Surgery, Inc. v. Covidien LP, IPR2013-00209, that all of the claims of U.S. Patent 8,317,070 are obvious. While the obviousness...more

2015 IP Law Year In Review

Commil USA, LLC v. Cisco Systems, Inc., 135 S. Ct. 1920 (May 26, 2015) - ..Does a defendant’s belief that a patent is invalid serve as a defense to charges of inducing infringement? NO - ..Inducement requires...more

Federal Circuit Review | January 2016

The Federal Circuit Will Review Appeals from Inter Partes Review Proceedings Under the “Substantial Evidence” Standard - In Merck & Cie v. Gnosis S.p.A., Appeal No. 2014-1779, the Federal Circuit affirmed a PTAB IPR...more

Post-Grant PTAB Procedures Are Constitutional - MCM Portfolio LLC v. Hewlett-Packard Co.

In a case of first impression, the U.S. Court of Appeals for the Federal Circuit upheld the constitutionality of inter partes review (IPR) proceedings. The Federal Circuit ruled that because patents were a public right,...more

Food and Beverage Law Update: January 2016

Key Issues Facing Food Retailers - Compliance and Cybersecurity: Consero Group surveyed the general counsel of Fortune 1,000 companies in June 2015 and learned that 60 percent still lack the proper preparation for a...more

USPTO Implementation of AIA Does Not Violate Due Process: Federal Circuit Affirms the PTAB Panel Determining Institution of an IPR...

In Ethicon Endo-Surgery, Inc. v. Covidien LP, a 2-1 panel split of the Federal Circuit held that neither the American Invents Act (“AIA”) nor the Constitution precludes the same panel of the Patent Trial & Appeal Board...more

Federal Circuit Confirms Constitutionality of IPR Proceedings

On December 3, 2015, in MCM Portfolio LLC v. Hewlett-Packard Co., a panel of the Federal Circuit unanimously upheld the constitutionality of IPR proceedings, finding that delegation of patent invalidity determinations to a...more

Review of 2015 Federal Circuit Decisions Addressing IPR Claim Construction and Procedural Issues

2015 was a busy year for post-grant review appeals at the Federal Circuit and produced notable opinions in the areas of claim construction, IPR procedural issues, and the constitutionality of IPRs in general. In 2015, the...more

2015 Recent Developments in Patent Law - Case Law

Patentability, Validity, and Procurement of Patents - Statutory Subject Matter – Computer Software and Genes - Intellectual Ventures I LLC v. Capital One Bank (USA), N.A., 792 F.3d 1363 (Fed. Cir. 2015). ...more

Federal Circuit Upholds Constitutionality of Post-Issuance Trials

Last week, the Federal Circuit held in MCM Portfolio LLC v. Hewlett-Packard Co., _____ F.3d _____ (Fed. Cir. 2015) that inter partes review trials do not violate Article III and the Seventh Amendment of the...more

Federal Circuit Deems IPR Constitutional: The Patent Office Can Correct Its Own Mistakes

On December 9, 2015, the Federal Circuit ruled in MCM Portfolio LLC v. Hewlett-Packard Company that vesting the Patent Office with power to take back previously conferred patent rights through inter partes review does not...more

Federal Circuit Unanimously Upholds the Constitutionality of Inter Partes Review in MCM Portfolio LLC v. Hewlett-Packard Company

On December 2, 2015, the Federal Circuit issued its decision in MCM Portfolio LLC v. Hewlett-Packard Company (No. 2015-1091), finding inter partes reviews (IPRs) by the Patent Trial and Appeal Board (the Board) constitutional...more

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