The Federal Circuit has overturned the U.S. International Trade Commission’s longstanding interpretation of section 337(a)(3)(B). Complainant Lashify, Inc. appealed an adverse decision by the U.S. International Trade...more
The PREVAIL Act is now subject to debate before the full Senate.
The Act will require petitioners to certify standing, two new categories of which were recently added via a manager’s amendment....more
1/17/2025
/ America Invents Act ,
Article III ,
Claim Construction ,
Evidentiary Standards ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
New Legislation ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Standing ,
USPTO
The decision creates an additional tool for protecting corporate information and trade secrets.
The Virginia Supreme Court affirmed the trial court’s conviction of Taylor Amil Wallace for computer fraud, with three judges...more
12/13/2024
/ Appeals ,
Computer Crimes Act ,
Confidential Information ,
Copyright ,
Copyright Infringement ,
Embezzlement ,
En Banc Review ,
Enforcement ,
Fraud ,
Misappropriation ,
Trade Secrets ,
Uniform Trade Secrets Acts ,
VA Supreme Court
Founders and their startups are typically at the forefront of ever-evolving fields, from space exploration and satellites to life-saving medical devices and medicines. Safeguarding intellectual property is critical for...more
The decision to end the program follows public resistance to a proposed fee structure aimed at offsetting its high administrative costs.
The U.S. Patent and Trademark Office (USPTO) extended the After Final Consideration...more
The Federal Circuit determined that if a company misleads consumers about the nature of a product by making false patent marking claims, it can be held liable under the Lanham Act.
False marking claims under the Lanham Act...more
10/10/2024
/ America Invents Act ,
Corporate Counsel ,
Damages ,
False Advertising ,
Intellectual Property Protection ,
Inventors ,
Lanham Act ,
Misleading Statements ,
Patent Act ,
Patent Infringement ,
Patent Marking ,
Patents ,
Popular ,
SCOTUS
In ZyXEL, the petitioner unexpectedly received a second chance to argue against the patentability of the patentee’s substitute claims, even though the U.S. Patent Trial & Appeal Board (PTAB) had already found those claims...more
While a complainant does not need to have constitutional standing to bring a complaint in the International Trade Commission (ITC), at least one complainant must be the owner or exclusive licensee of the underlying asserted...more
Discovery misconduct can be remedied not only through the sanctions available in the Federal Rules of Civil Procedure, but also potentially through the defense of unclean hands....more
4/26/2024
/ Damages ,
Federal Rules of Civil Procedure ,
Lanham Act ,
Patent Infringement ,
Patents ,
Prior Art ,
SCOTUS ,
Trade Dress ,
Unclean Hands ,
Unfair or Deceptive Trade Practices ,
Willful Misconduct
Thankfully, that patent case you litigated a few years back is long gone in the rear-view mirror. As the plaintiff, you received a nice lump sum payment and a going forward royalty. Even better, the defendant agreed to never...more
9/23/2015
/ Corporate Counsel ,
Estoppel ,
Inter Partes Review (IPR) Proceeding ,
Oracle ,
Patent Infringement ,
Patent Litigation ,
Patent Royalties ,
Patent Trial and Appeal Board ,
Patents ,
Popular ,
Settlement Agreements ,
Young Lawyers