Briggs and Morgan

The Patentability of Processes

The Federal Circuit has issued a long-awaited decision on the patentability of processes. In re Bilski will affect the validity of many existing process or method patents, as well as the ability to receive new patents of this…more

| Intellectual Property

Centuries-Old Design Patent Infringement Test Rectified

In a unanimous en banc patent decision, the Federal Circuit in Egyptian Goddess, Inc. v. Swisa, Inc. recently put the test for design patent infringement back on track with the U.S. Supreme Court's 1871 decision in Gorham v…more

| Intellectual Property

Resurrecting the Need for Attorneys' Opinions

n 2004, the Federal Circuit eliminated the negative inference that arose if an alleged patent infringer did not obtain, or rely on, an attorney’s opinion in defense of a claim of willful infringement. (See Knorr-Bremse Systeme…more

| Intellectual Property

Antitrust Implications of Reverse Payments

The Federal Circuit recently adopted a new antitrust liability standard for reverse payment patent settlement agreements In Re Ciprofloxacin Hydrochloride Antitrust Litigation that virtually insulates such settlements from…more

| Antitrust & Trade Regulation

Hedge Funds - Maintaining the Private Placement Exemption

"'Hedge funds' are notoriously difficult to define." So began Judge Randolph's opinion in Goldsetin v SEC. This was a telling statement by a sophisticated court. In it, the D.C. Circuit explicitly acknowledged what other…more

| Finance & Banking, Securities Law

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