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Corporate Counsel Young Lawyers Patent Infringement

Shook, Hardy & Bacon L.L.P.

Lessons And Challenges Arising Out Of The Federal Circuit’s New Focus On Factual Issues In “Patent Eligibility” Disputes

With its Alice and Mayo opinions, the U.S. Supreme Court dramatically changed how patent eligibility under 35 U.S.C. § 101 is defined. ...more

Ladas & Parry LLP

It’s 2018: The Impact Of IP Decisions From 2017

Ladas & Parry LLP on

2017 saw a bumper crop of Supreme Court decisions on intellectual property matters around the world including eight by the United States Supreme Court, two by the Canadian Supreme Court, and two by the United Kingdom Supreme...more

Jones Day

Protecting Artificial Intelligence IP: Patents, Trade Secrets, or Copyrights?

Jones Day on

The Situation: Artificial intelligence ("AI") technology is exploding across virtually all industries. Technology companies are innovating at warp speed, and even companies that do not principally identify as "technology...more

Troutman Pepper

Allergan’s Mohawk Gambit May Be Doomed – PTAB Rethinks the Scope of Sovereign Immunity

Troutman Pepper on

A few months ago, the Irish drug company Allergan moved to shield its key patents on its dry-eye drug Restasis from challenge at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent Office by assigning these patents to...more

Kilpatrick

At the ITC, It’s Always “Standing” Room Only

Kilpatrick on

Intellectual Ventures Refiles Against Auto Makers After Patent Assignment Fails ITC Scrutiny - The U.S. International Trade Commission (“ITC”) terminated an investigation because standing did not exist as of the date the...more

Knobbe Martens

Latest Developments in European Patent Law: How to Apply Them in Both the United States and Europe

Knobbe Martens on

Agenda: • UK Supreme Court Decision on Infringement – “Equivalents” – Use of the prosecution history • Doctrine of Equivalents in the United States • Plausibility before the EPO and UK courts – Inventive step of...more

Schwabe, Williamson & Wyatt PC

Summaries of All Supreme Court and Precedential Federal Circuit Patent Cases Decided Since Jun. 1, 2016

This paper is based on reports on precedential patent cases decided by the Federal Circuit distributed by Peter Heuser on a weekly basis. ...more

BakerHostetler

UK High Court Issues Important Ruling on Licensing of Standard Essential Patents

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On April 5, 2017, the High Court of Justice in the UK ruled that if a patent holder claims that a patent is essential under the ETSI IPR Policy, it must license that patent to third parties on fair, reasonable, and...more

Sheppard Mullin Richter & Hampton LLP

Illinois Federal Judge Awards Treble Damages and Attorneys’ Fees in Kurt Vonnegut-Fueled Opinion

On February 10, 2017, an Illinois federal judge determined that R-Boc Representatives violated an injunction issued following a jury trial on their alleged patent infringement. In a unique opinion replete with quotations...more

Hogan Lovells

Beijing IP Court grants record patent damages & reimbursement of lawyers’ fees

Hogan Lovells on

The Beijing IP Court recently made headlines by granting a record amount of damages for patent infringement -no less than RMB 49 million (USD7.15m)-, one of the highest amounts since the court was established in November...more

McNees Wallace & Nurick LLC

Samsung Versus Apple in the Design Patent Wars: The Supreme Court Strikes Back – And Punts

In a December 6, 2016 opinion, the U.S. Supreme Court rendered the latest decision in the long-running war over smartphones between industry and cultural titans, Apple and Samsung. While many might have hoped for a clarifying...more

Ballard Spahr LLP

Federal Circuit Narrows Availability of CBM Patent Review

Ballard Spahr LLP on

In a key decision that both patent owners and accused infringers need to be aware of, the U.S. Court of Appeals for the Federal Circuit has significantly narrowed the availability of "covered business method" (CBM) patent...more

Faegre Drinker Biddle & Reath LLP

Avoiding CBM Proceedings Through Statutory Disclaimers: A Case-Study and a Look to the Future

Like a lizard shedding its tail to avoid capture, patent owners continue to escape Covered Business Method (CBM) proceedings by disclaiming claims clearly directed to financial products or services. Despite growing tension...more

Dorsey & Whitney LLP

The 9th Circuit Injects Some “Octane” into the Lanham Act Attorneys’ Fee Provision

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In the immortal words of the most recent Nobel Laureate in literature, “the times they are a changin.’” Section 35(a) of the Lanham Act provides that “[t]he court in exceptional cases may award reasonable attorney fees to...more

K&L Gates LLP

Practical Implications from the Federal Circuit’s Rare en Banc Reversal in Apple v. Samsung

K&L Gates LLP on

In a precedential opinion issued en banc on Friday, October 7, 2016, the Federal Circuit overturned a panel decision, affirming and reinstating the district court’s judgment and the jury’s verdict. The majority opinion...more

Snell & Wilmer

FTC Releases Report on Patent Assertion Entities

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Three years ago, the Federal Trade Commission announced a study of “patent assertion entities” (“PAEs”): “businesses that acquire patents from third parties and seek to generate revenue by asserting them against alleged...more

Saul Ewing LLP

Patent Owner Asserts 101 Ineligibility Is Not a Defense That Can Be Raised in Litigation

Saul Ewing LLP on

On September 26, 2016, RPost Communications Limited (“RPost”) filed a brief in the United States Court of Appeals for the Federal Circuit (“Federal Circuit”), arguing that the district court did not have statutory authority...more

McDermott Will & Emery

Most-Favored Licensee Entitled to Refund of 99 Percent of Lump Sum Royalty

The US Court of Appeals for the Fifth Circuit ruled that a most-favored licensee clause allowed a licensee that paid a lump sum of $70 million to be entitled to a refund when a subsequent licensee paid a lump sum of only...more

Orrick - Trade Secrets Group

Early Returns (Part 2 of 2): The DTSA Lifts Off

(Editorial Note: This is the second in our two-part series exploring recent litigation under the newly-enacted Defend Trade Secrets Act.) We’ve been tracking the development of the Defend Trade Secrets Act (“DTSA”) for...more

Farella Braun + Martel LLP

Supreme Court Lowers the Bar for Willfulness and Provides Major Win to Patent Holders

On June 13, 2016, the Supreme Court issued a unanimous opinion in two consolidated cases (Halo Electronics v. Pulse Electronics and Stryker Corp. v. Zimmer) effectively lowering the standard for obtaining enhanced damages in...more

Proskauer - New England IP Blog

Laches Defense Loses its Luster in LED Patent Dispute

In determining whether a laches defense applies to thwart a claim of patent infringement, courts must often shine a light upon murky and complicated factual scenarios. A Massachusetts court recently navigated such a scenario...more

Proskauer - New England IP Blog

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

BakerHostetler

Amended PTAB Rules to Take Effect on May 2, 2016

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On May 2, 2016, amended rules governing post-grant proceedings before the Patent and Trial Appeal Board (“PTAB”), including inter partes review (“IPR”), post-grant review (“PGR”), and covered business methods (“CBM”), will...more

Holland & Knight LLP

Federal Circuit Recognizes Privilege for Communications with Non-Lawyer Patent Agent

Holland & Knight LLP on

In a significant ruling, the U.S. Court of Appeals for the Federal Circuit has recognized a new privilege shielding communications between patent applicants and their non-lawyer patent agents. The issue was one of first...more

Ballard Spahr LLP

Amended PTAB Rules Give Patent Owners a Boost

Ballard Spahr LLP on

The U.S. Patent and Trademark Office (USPTO) has unveiled a series of new rules that provide for significant changes to the procedures followed in Patent Trial and Appeal Board (PTAB) proceedings, including inter partes...more

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