On January 4, 2019, the United States Patent and Trademark Office (“USPTO”) released a significant, much-awaited revision to its patentable subject matter eligibility guidance. The “2019 Revised Patent Subject Matter Eligibility…
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/ Administrative Law, Intellectual Property, Science, Computers, & Technology
In a recent decision out of the District of Connecticut, defendants MacBeth Collection, L.L.C, its affiliates, and owner found themselves in hot water when Judge Merriam determined they violated a permanent injunction barring…
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/ Art, Entertainment, & Sports Law, Civil Remedies, Intellectual Property
In order to qualify as an inventor on a U.S. patent, a person must contribute to the conception of the invention as embodied in one or more of the claims—merely building or implementing the already-conceived technology is not…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
In a recent order allowing a defendant’s motion to dismiss a case involving heated products and heat pack technology, Judge Sorokin clarified a specific application of the first-filed rule.
In the case at hand, Schawbel…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
After a lengthy and circuitous patent proceeding between plaintiff O.F. Mossberg & Sons (“Mossberg”) and defendants Timney Triggers, LLC and its related manufacturing entity (collectively, “Timney”), which ultimately resulted in…
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/ Administrative Law, Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology
Determining who qualifies as an inventor on a patent application requires careful attention to the facts surrounding each person’s contribution to conception of the invention, as embodied in the patent claims. In one recent case…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
Chief Judge Saris in the District of Massachusetts recently granted a motion to disqualify the Sunstein law firm from representing Altova in a patent suit against Syncro Soft, upon finding that the conflict was foreseeable based…
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/ Civil Procedure, Intellectual Property, Law Practice Products & Services
Massachusetts governor Charlie Baker vetoed proposed legislation intended to combat assertions of patent infringement made in bad faith against state businesses and residents. The proposal was included as part of a $1.15b…
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/ Elections & Politics, Intellectual Property
In a recent decision involving a dispute between head-to-head competitors in the market for “poster boards and poster board accessory products,” Judge Bolden in the District of Connecticut dismissed defendant Royal Consumer…
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/ Antitrust & Trade Regulation, Civil Procedure, Intellectual Property
In a 7-2 decision issued late last month, the U.S. Supreme Court ruled that patentees can recover damages resulting from the exportation of certain components to foreign jurisdictions, where those components are then…
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/ Civil Procedure, Civil Remedies, Intellectual Property, International Law & Trade
Massachusetts is home to one of America’s chief innovation hubs. Yet, historically, the District of Massachusetts has seen relatively few patent cases when compared to other high-tech venues around the country. While there are…
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/ Civil Procedure, Elections & Politics, Intellectual Property
In a dramatic conclusion to the nearly seven year old patent litigation between Datatern and Microstrategy (including a number of Microstrategy’s customers), Judge Saylor in the District of Massachusetts recently awarded…
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/ Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology
The Institute of Electrical and Electronics Engineers, Inc. (“IEEE”) is the well-known engineering standards organization often cited in patent litigations to inform issues ranging from claim construction to the state of the…
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/ Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology
The U.S. Patent and Trademark Office (USPTO) recently issued a memorandum to its patent examining corps that changes the way examiners should evaluate the question of whether a claim element is “well-understood, routine,…
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/ Administrative Law, Civil Procedure, Intellectual Property
In its second opinion this week with wide-ranging implications for the inter-partes review (“IPR”) process, the Supreme Court on Tuesday addressed whether the Patent Trial and Appeal Board (“PTAB”) has the authority to institute…
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/ Administrative Law, Civil Procedure, Intellectual Property
