On July 31, 2020, in American Axle v. Neapco, the Federal Circuit split 6-6 on the question of whether to grant en banc review of a panel decision on patent eligibility seen by many as an unwarranted extension of the...more
2/5/2021
/ Appeals ,
En Banc Review ,
EU ,
Patent Invalidity ,
Patent Litigation ,
Patent Ownership ,
Patent-Eligible Subject Matter ,
Patents ,
SCOTUS ,
United States ,
USPTO
On August 26, 2020, the United Kingdom Supreme Court handed down its unanimous combined decision in the cases of Unwired Planet v. Huawei and Huawei v. Conversant. Both cases involved questions of:
1. Whether the...more
1/18/2021
/ China ,
EU ,
FRAND ,
Germany ,
Huawei ,
Infringement ,
Inter Partes Review (IPR) Proceeding ,
IP License ,
Litigation Strategies ,
Patent Litigation ,
Patents ,
SCOTUS ,
Small Employer Plans (SEPs) ,
UK
The question of whether the United States Court of Appeals for the Federal Circuit Court of Appeals has any right to examine a decision of the Patent Trial and Appeal Board (PTAB) to institute inter partes review or post...more
11/24/2020
/ § 314(d) ,
§ 315(b) ,
§314(a) ,
§314(b) ,
America Invents Act ,
Appeals ,
Cuozzo Speed Technologies v Lee ,
Dissenting Opinions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
SCOTUS ,
Thryv Inc v Click-To-Call Technologies LP ,
Time-Barred Claims ,
Vacated
Is there a patent crisis? It depends on whom you ask. Neither Europe nor China seem to see more than relatively minor difficulties in particular areas, although there are some issues looming in patent-heavy sectors such as...more
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
4/12/2018
/ Apple v Samsung ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
Huawei ,
Impression Products v Lexmark International ,
Life Technologies Corp v Promega Corp ,
Matal v Tam ,
NVIDIA ,
Oil States Energy Services v Greene's Energy Group ,
On-Sale Bar ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Popular ,
Samsung ,
Sandoz v Amgen ,
SCA Hygiene Products Aktiebolag v First Quality Baby Products ,
Star Athletica v Varsity Brands ,
TC Heartland LLC v Kraft Foods ,
Teva Pharmaceuticals ,
Trademark Registration ,
Trademarks ,
Young Lawyers
In its decision of July 12, 2017 in Actavis v. Eli Lilly, the Supreme Court of the United Kingdom for the first time formally adopted the concept of a doctrine of equivalents when considering what constituted an infringement...more
3/19/2018
/ Actavis Inc. ,
Appeals ,
Doctrine of Equivalents ,
Eli Lilly ,
EU ,
Extraterritoriality Rules ,
Indirect Infringement ,
Intellectual Property Protection ,
Patent Applications ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
UK ,
UK Supreme Court
On June 12, 2017, in a unanimous decision authored by Justice Thomas in Amgen Inc. v. Sandoz Inc., the United States Supreme Court considered the complex statutory scheme that attempts to expedite resolution of patent...more
8/21/2017
/ Amgen ,
Biologics ,
Biosimilars ,
BPCIA ,
Commercial Marketing ,
Food and Drug Administration (FDA) ,
Hatch-Waxman ,
Intellectual Property Protection ,
Life Sciences ,
Patent Dance ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
Sandoz ,
Sandoz v Amgen ,
SCOTUS
In 1628, Lord Coke in his “Institutes of the laws of England” summarized the common law on restraints on the alienation of chattels stating that any attempt by a seller to restrict resale or use of the chattel after selling...more
7/13/2017
/ Breach of Contract ,
Chattel ,
Exports ,
Foreign Sales ,
Imports ,
Impression Products v Lexmark International ,
IP License ,
Patent Exhaustion ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Resales Agreements ,
SCOTUS ,
Single-Use/No Resale Restriction ,
Stream of Commerce
In its decision of May 22, 2017 in Heartland v. Kraft, the United States Supreme Court held that the specific venue provisions applicable to Patent infringement (28 U.S.C. 1400 (b)) limited the courts in which a domestic...more
5/30/2017
/ Food Manufacturers ,
Forum Shopping ,
Intellectual Property Protection ,
Multidistrict Litigation ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Personal Jurisdiction ,
SCOTUS ,
State of Incorporation ,
TC Heartland LLC v Kraft Foods ,
Venue
2016 has been a year of IP changes and these changes have had an effect upon biotechnology as well as trade secrets.
Patents: Will the U.S. Supreme Court Grant Cert. In Ariosa v. Sequenom?
Ariosa v. Sequenom was...more
6/7/2016
/ Biotechnology ,
Defend Trade Secrets Act (DTSA) ,
DNA ,
European Patent Office ,
Myriad-Mayo ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Personalized Medicine ,
Pharmaceutical Patents ,
Popular ,
Sequenom ,
USPTO
This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark law will be implemented in March as well as the likelihood of the Unitary...more
2/24/2016
/ Apple v Samsung ,
Brazil ,
Canada ,
China ,
Copyright ,
Cuozzo Speed Technologies v Lee ,
Design Patent ,
Eli Lilly ,
EU ,
European Court of Justice (ECJ) ,
FRAND ,
Halo v Pulse ,
Japan ,
Lanham Act ,
Lexmark ,
Madrid Protocol ,
Patent Litigation ,
Pharmaceutical Patents ,
Redskins ,
SCOTUS ,
Standard Essential Patents ,
Trade Secrets ,
Trademark Litigation ,
UK ,
Unitary Patent ,
World Intellectual Property Organisation
In a 10 – 2 decision on February 12, 2016, the U.S. Court of Appeals for the Federal Circuit en banc decided the case of Lexmark v. Impression. Deciding two issues, the court...more
There are now three decisions of the Federal Circuit on appeals from the Patent Trial and Appeal Board (PTAB) on inter partes reviews:
- In re Cuozzo Speed Technologies LLC
- Belden Inc. v. Berk-Tek LLC and
-...more
7/31/2015
/ Appeals ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Cuozzo Speed Technologies ,
Inter Partes Review (IPR) Proceeding ,
Microsoft ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art
Many consumers today, plagued by embarrassing typographical errors when using their touch-screen smartphones, own a second smartphone with a keyboard, such as a BlackBerry phone, for their professional correspondence. To...more
Two decisions of the U.S. Supreme Court on April 29, 2014 may have an impact on the “patent trolls” debate by changing the rules relating to the award of attorney fees to a winning party in litigation relating to patent...more