Latest Publications

Share:

Contingent Patent Ownership Is Not Sufficient For Federal Court Jurisdiction

There is no federal court jurisdiction for disputes involving patents where the claimant does not actually own the patents. The possibility that one might own a patent, if a contingent future event occurs, is not enough. This...more

Can Patent Owners Buy Sovereign Immunity?

The latest issue in the patent world is one no one would have expected – sovereign immunity. How did this issue arise? Allergan, the company that makes the dry-eye drug Restasis, has employed an aggressive strategy in...more

Federal Circuit: PTO Can’t Shift Burden Of Proof Of Patentability To Applicant

In In re Stepan Co., 2017 U.S. App. LEXIS 16246, decided August 25, 2017 the Federal Circuit Court of Appeals made it very clear that during patent prosecution, the burden of proving patent ability lies with the PTO examiner....more

Patent Myths Corrected – Part Two

My last column was the first of two columns discussing some of the most common misconceptions or myths about patents. Here is the second part, starting with number five on my list. A Patent Does Not Give the Patent Owner...more

Patent Myths Corrected – Part One

Patent law is a complicated area of law governed by a confusing set of statutes and regulations that are interpreted by the United States Patent and Trademark Office (PTO) and the federal courts. Patents themselves are...more

Summer Fun!

Because it’s summertime, I thought we should take a break from “serious” intellectual property articles. So, instead, here are some patented inventions that you might see this summer. A baseball with a speedometer seems...more

8/3/2017  /  Inventions , Inventors , Patents

Supreme Court Cuts Back Patent Owners’ Post-Sale Rights

Patent owners can no longer restrict the use of their patented products after the products are sold. Under the doctrine of patent exhaustion, a patent owner’s rights are “exhausted” once the patent owner sells the product. ...more

Everything Old Is New Again!* Not So!

*This line is the title of a song written by Peter Allen and Carole Bayer Sager that was performed in Bob Fosse’s movie “All that Jazz.” The song was a hit, and the phrase has a lot of relevance to everyday life, but the...more

More Patent Invalidated as Abstract Ideas

Apple just escaped a $533 million jury verdict by invalidating the plaintiff’s patents on the grounds that the patents cover abstract ideas. The case is Smartflash, LLC v. Apple Inc., decided by the Federal Circuit Court...more

Divided Infringement – Expanding Patent Infringement Liability

In 2015, the Federal Circuit Court of Appeals cast the net of patent infringement liability even more broadly, to cover direct infringement by “divided” (or “joint”) infringement. Akamai Technologies, Inc. v. Limelight...more

Covered Business Methods Patents — Not So Broad!

The Federal Circuit Court of Appeals has reminded the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office in no uncertain terms that covered business method review has limits. In Unwired Planet, LLC v....more

Holiday Horror Series: Part 4 – HO, HO, HO! AND FA-LA-LA-LA-LA! More Christmas Patents

The last time I checked (which was a couple of years ago), I found over 900 U.S. patents in the U.S. Patent and Trademark Office’s database that had the word “Christmas” in the title. Every year at this time, I look at a few...more

12/19/2016  /  Holidays , Inventors , Patents , USPTO

Holiday Horror Series: Part 1- Could You Patent Christmas?!

The holidays are upon us. Given that everything seems to be protected by intellectual property rights, could someone protect Christmas? The most likely candidate to try to patent Christmas would be Santa Claus. But...more

Supreme Court May Cut Back Laches in Patent Infringement Cases

The United States Supreme Court is considering whether the doctrine of laches will bar a patent infringement claim filed within the Patent Act’s six-year damage limitations period set forth in 35 U.S.C. §286. The case before...more

Animation Software Patent Survives Alice Scrutiny

The application of the Supreme Court’s decision in Alice Corp. v. CLS Bank International, 134 S. Ct. 2347. (2014) has made it almost impossible to patent software. The United States Patent and Trademark Office is...more

How BREXIT Will Affect Intellectual Property

As everyone knows, in June, the United Kingdom passed the BREXIT referendum (driven by British voters), voting to exit the European Union. What affect does BREXIT have on intellectual property rights in the United Kingdom...more

NO ICE, PLEASE!

California’s unfair competition and consumer protection laws protect consumers from false representations about products or services. These laws include the Unfair Competition Law (Business and Professions Code §17200, et...more

Induced Infringement Becomes More Difficult To Defend

In Warsaw Orthopedic, Inc. v. NuVasive, Inc. (June 3, 2016) 2016 U.S. App. LEXIS 10092, the Federal Circuit Court of Appeals broadly interpreted the Supreme Court’s test for induced infringement, finding irrelevant the...more

Watch Out! Supreme Court Opens Door to Treble Damages in Patent Cases!

Up until now, it has been nearly impossible for a plaintiff to recover enhanced (up to treble) damages in patent infringement cases. The current test for enhanced damages, set forth by the Federal Circuit Court of Appeals in...more

Federal Circuit Applies Broadened Test For Divided Infringement

On April 18, 2016, the Supreme Court denied certiorari in Akamai Technologies, Inc. v. Limelight Networks, Inc., 797 F.3d 1020 (Fed. Cir., August 2015) (“Akamai IV”), cert. denied, 2016 U.S. LEXIS 2768. The Court declined...more

Pre-Issuance Damages for Patent Infringement – A Very Rare Remedy

The Federal Circuit Court of Appeals recently addressed an issue of first impression: what is the “actual notice” required under 35 U.S.C. §154(d) for a patent owner to recover damages for a defendant’s infringing conduct...more

Federal Circuit Limits Attorneys’ Fees in Exceptional Cases

Two weeks ago, the Federal Circuit Court of Appeals limited the factors a district court may consider in determining the amount of attorneys’ fees to award in an “exceptional” patent infringement case. Lumen View Tech., LLC...more

Don’t Get On the Wrong Side of Taylor Swift in a Copyright Case!

Taylor Swift has been in the news a lot over the last year or so. She is phenomenally successful. Her hit album “1989” concert tour was the highest grossing tour in the world in 2015 (over $250 million) and the highest...more

When Copying is Not Copyright Infringement

A longstanding battle between Google and the authors of published books has been resolved (at least for now) in favor of Google. The Second Circuit Court of Appeals has held that Google’s use of copyrighted books in its...more

Why Business Methods Are Difficult to Patent

Although the general rule (based on 35 USC section 101) is that anything made by humans is patentable, there are exceptions. Laws of nature, physical phenomena, and abstract ideas are not patentable. Inventions that fall in...more

35 Results
/
View per page
Page: of 2

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.