It’s never a bad time for companies holding U.S. patents to assess their patent marking strategy and compliance. Patent marking is often neglected or relegated to the marketing team, but it shouldn’t be. Whether what and how...more
A Congressional Subcommittee will consider new legislation that would reverse much of the Supreme Court’s recent jurisprudence regarding patent eligibility and significantly improve the chances of patenting certain software...more
As we predicted in our recent Corporate Counsel IP Symposium, the Supreme Court has overturned the Federal Circuit’s Seagate standard for determining willful infringement and enhancing damages under 35 U.S.C. § 284. In a...more
The United States Court of Appeals for the Federal Circuit, on remand from the United States Supreme Court, recently held that certain method claims in a patent owned by Akamai Technologies were infringed by Akamai’s...more
For the past ten years, there has been a strong presumption against interpreting a functional claim element lacking the word “means” as a means-plus-function claim element under § 112(f) (previously § 112 ¶ 6). One could...more