Yesterday the Federal Circuit ruled in MCM Portfolio LLC v. Hewlett-Packard Company (here) that vesting the Patent Office with power to take back previously-conferred patent rights through inter partes review does not violate...more
Mintz Levin has won extraordinary relief for its client, Straight Path IP Group, Inc., convincing the Federal Circuit to completely reverse and remand an IPR final written decision adverse to a patent owner for the first...more
On Thursday, September 17, 2015, in the fourth Federal Circuit opinion arising out of the patent skirmishes between global high technology titans Apple and Samsung Electronics, a sharply divided Federal Circuit panel vacated...more
10/5/2015
/ Abuse of Discretion ,
Apple ,
Apple v Samsung ,
Article III ,
eBay Test ,
Injunctive Relief ,
iPhone ,
Irreparable Harm ,
Nexus ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Permanent Injunctions ,
Public Interest ,
Samsung ,
Standing ,
Vacated
Late last month, the Ninth Circuit Court of Appeals issued its much-anticipated decision in Microsoft v. Motorola, a breach of contract action brought by Microsoft alleging that Motorola violated its commitment to license its...more
8/17/2015
/ Anti-Suit Injunctions ,
Breach of Contract ,
Covenant of Good Faith and Fair Dealing ,
Damages ,
International Trade Commission (ITC) ,
Licenses ,
Microsoft ,
Motorola ,
Patent Infringement ,
Patents ,
RAND ,
Standard Essential Patents
In a unanimous full court decision issued last week, the Federal Circuit availed itself of “the opportunity to revisit the § 271(a) question” left unanswered by the Supreme Court last year, and outlined “the governing legal...more
Two weeks ago, Federal Trade Commission (FTC) Chairwoman Edith Ramirez, writing on her own behalf, submitted comments in Investigation No. 337-TA-613, Certain 3G Mobile Handsets and Components Thereof (the 613 Investigation)...more
7/29/2015
/ Abuse of Dominance ,
Department of Justice (DOJ) ,
Edith Ramirez ,
Exclusion Orders ,
Federal Trade Commission (FTC) ,
FRAND ,
Injunctive Relief ,
International Trade Commission (ITC) ,
IP License ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Popular ,
Public Interest ,
Standard Essential Patents
Last week, in response to a request for a preliminary ruling by a German court hearing a patent infringement action brought by Huawei against ZTE, the Court of Justice of the European Union (ECJ) took up the question of...more
7/24/2015
/ Abuse of Dominance ,
EU ,
European Court of Justice (ECJ) ,
FRAND ,
Injunctive Relief ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Popular ,
Remedies ,
Standard Essential Patents ,
Treaty on the Functioning of the European Union (TFEU)
Federal Trade Commission (FTC) Chairwoman Edith Ramirez took the unusual step on July 13, 2015, of filing a written submission on her own behalf — and expressly not on behalf of her agency — in Investigation No. 337-TA-613,...more
7/17/2015
/ Burden of Proof ,
Determination on Remand ,
Edith Ramirez ,
Exclusion Orders ,
Federal Trade Commission (FTC) ,
FRAND ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patents ,
Public Interest ,
Section 337 ,
Standard Essential Patents ,
Standard Setting Organizations
Administrative Law Judge Essex has made another important contribution to the ongoing conversation regarding the enforcement of standard essential patents (SEPs) at the International Trade Commission. Building on the analysis...more
Administrative Law Judge Essex recently issued the public version of his Initial Determination on Remand in International Trade Commission investigation No. 337-TA-613, In the Matter of Certain 3G Mobile Handsets and...more
6/13/2015
/ Administrative Law Judge (ALJ) ,
Burden of Proof ,
Determination on Remand ,
FRAND ,
Injunctive Relief ,
International Trade Commission (ITC) ,
IP License ,
Patent Infringement ,
Patent Royalties ,
Patents ,
SSO ,
Standard Essential Patents ,
Wireless Devices
The heady days of 2012 saw “Gangnam Style” dominate the U.S. music charts, Patricia Krentcil rocket to fame as the “New Jersey Tanning Mom,” and the New York Giants win the Super Bowl. That year also is the source of nearly...more
5/6/2015
/ America Invents Act ,
Attorney's Fees ,
CLS Bank v Alice Corp ,
Octane Fitness v. ICON ,
Patent Infringement ,
Patent Litigation ,
Patent Trolls ,
Patents ,
SCOTUS ,
Software ,
Software Developers ,
Young Lawyers
Have you seen John Oliver’s piece about abuses in the patent system? If not, take a look here. The ‘Last Week Tonight’ host has quite a bit of fun at the expense of the patent system. He tossed out three primary...more
5/1/2015
Tuesday, April 14, the House Judiciary Committee convened to discuss H.R. 9, the “Innovation Act,” which was introduced in February 2015 by the Committee’s Chairman, Rep. Bob Goodlatte (R-VA). The hearing came a day after the...more
On February 5, 2015, Rep. Robert Goodlatte (R-VA) introduced H.R. 9, entitled the “Innovation Act.” Among other things, the bill would direct courts to award attorneys’ fees and litigation-related expenses to prevailing...more
3/16/2015
/ Attorney's Fees ,
Fee-Shifting ,
Innovation Act ,
Intellectual Property Litigation ,
Litigation Fees & Costs ,
Octane Fitness v. ICON ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Popular ,
Prevailing Party ,
Proposed Legislation
On February 8, 2015, the Board of Governors of the Institute of Electrical and Electronics Engineers (“IEEE”) approved changes to the IEEE Patent Policy that provide additional specificity as to the nature of the obligation...more
Currently on appeal to the United States Court of Appeals for the Federal Circuit is Carnegie Mellon University’s (“CMU”) $1.535 billion judgment for patent infringement against Marvell Technology Group Ltd. and Marvell...more
Since the Supreme Court’s decision in Alice Corp. v. CLS Bank Int’l on patentable subject matter, courts have tried to follow the prescribed framework. Under Alice, patent claims are invalid if directed to “abstract ideas”...more
Administrative Law Judge Essex recently issued the public version of his Initial Determination in ITC investigation No. 337-TA-868, ruling that the respondents are precluded from relying on the defense that the patent holder...more
The Supreme Court yesterday issued its long-awaited decision in Alice Corporation v. CLS Bank International addressing the patent eligibility of computer-implemented inventions under 35 USC §101. The Court’s unanimous...more
On June 24, 2013, the International Trade Commission (“ITC”) announced a pilot program for early adjudication of potentially-dispositive issues in investigations. The pilot program is part of ongoing efforts by the ITC to...more