Judge Alan Albright, one of the most active patent jurists, recently amended his standing orders to clarify inter-district transfers and venue discovery, adding predictability for parties that litigate in the Western District...more
Recently, the USPTO's Patent Trial and Appeal Board ("PTAB") has issued significantly more procedural denials of IPRs, including those based on the NHK Spring and Fintiv decisions. In response, petitioners have tried a...more
Patent litigation is increasing. Specifically, the 13 percent rise in patent cases from 2019 indicates that the pandemic did not slow down litigants. This reverses the trend since 2015 of gradually decreasing numbers of new...more
A patent holder that prevails in a patent infringement suit is entitled to either lost profits or a reasonable royalty. A reasonable royalty calculation often implicates the infringing product's revenues (the "royalty...more
Successful defense strategies for Taiwanese businesses.
Over the past two years, many technology companies have become patent infringement defendants in the US District Court for the Western District of Texas (the "Western...more
White & Case Technology Newsflash -
Companies with strong patent portfolios and those subject to infringement actions should note that patent litigation is on the rise. At the national level, 20Q2 patent filings were up 27...more
8/26/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Economic Downturn ,
Intellectual Property Litigation ,
Patent Infringement ,
Patent Litigation ,
Patent Portfolios ,
Patents ,
Popular ,
Technology Sector ,
Venue
Few industries are as well-insulated from the ongoing pandemic as gaming. Stay-at-home orders have pummeled brick-and-mortar-based industries such as manufacturing and hospitality, but have left digital industries...more
White & Case Technology Newsflash -
Willful infringement is no longer required for trademark owners to recover infringers' profits. In Romag Fasteners v. Fossil Group, the Supreme Court resolved a longstanding circuit...more
5/10/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Disgorgement ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
White & Case Technology Newsflash -
This update briefly summarizes 2019 trends in patent litigation from the Northern District of California, which remains an important and frequent venue for technology litigation....more
White & Case Technology Newsflash -
Intellectual property litigants may be increasingly addressing design patents. Design patent litigation may be getting lengthier, and this may result in the filing of more design patent...more
2/10/2020
/ Appeals ,
Copyright ,
Copyright Infringement ,
Design Patent ,
Fabrics ,
Fashion Design ,
Fashion Industry ,
Judgment As A Matter Of Law ,
Jury Trial ,
Logos ,
Patent Infringement ,
Patent Litigation ,
Reversal ,
Substantially Similar ,
Summary Judgment
Connected and autonomous vehicles ("CAVs") are expected to become a reality on roads across modern economies in the near future. In 2018, the EU estimated that, provided a sufficient regulatory and enabling framework is in...more
1/23/2020
/ Apportionment ,
Artificial Intelligence ,
Automotive Industry ,
Black Box ,
Connected Cars ,
Driverless Cars ,
European Commission ,
Germany ,
Insurer Liability ,
Joint Liability ,
Manufacturer Liability ,
NHTSA ,
Personal Liability ,
Regulatory Agenda ,
UK ,
United States
How design-focused Taiwanese businesses can craft a design patent protection strategy.
Aesthetics matter in 2019. Companies are investing more resources to design sleek, modern products that let customers feel they own the...more
9/16/2019
/ Apple v Samsung ,
Article of Manufacture ,
Calculation of Damages ,
Design Patent ,
Intellectual Property Protection ,
Nonobvious ,
Novelty ,
Patent Infringement ,
Patent Portfolios ,
Standard of Review ,
Taiwan ,
United States ,
USPTO
In a recent decision, the United States Court of Appeals for the Federal Circuit further clarified the "all substantial rights" doctrine related to patent infringement and assignment. The court held that Lone Star Silicon...more
Design patents–why now?
We are in 2019. Aesthetics matter. Products that look good sell better. Hardware companies are investing increasing amounts of resources into design teams that create sleek and modern products that...more
7/30/2019
/ Apple v Samsung ,
Article of Manufacture ,
Component Parts Doctrine ,
Damages ,
Design Patent ,
Graham Factors ,
Hardware ,
Nonobvious ,
Novelty ,
Patent Filings ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
SCOTUS ,
USPTO