B&B Hardware, Inc. v. Hargis Industries, Inc. -
The U.S. Supreme Court has agreed to review a decision of the U.S. Court of Appeals for the Eighth Circuit (in turn affirming a district court decision) finding the mark...more
Applying section 18(a)(1) of the America Invents Act (AIA) to an issue of first impression, a divided panel of the U.S. Court of Appeals for the Federal Circuit reversed a district court, ordering a stay of the district court...more
7/17/2014
/ America Invents Act ,
Appeals ,
Covered Business Method Patents ,
Covered Business Method Proceedings ,
Highmark v. Allcare ,
Order to Stay ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Salesforce
Suprema, Inc. v. International Trade Commission -
The U.S. Court of Appeals for the Federal Circuit has granted en banc review in the case of Suprema, Inc. v. International Trade Commission in order to consider whether...more
On June 2, 2014, the unanimous Supreme Court of the United States, in Nautilus, Inc. v. Biosig Instruments, Inc., a case that focused on the standard for compliance with the “definiteness” requirement of 35 U.S.C. § 112, ¶ 2,...more
In a ruling that could potentially increase the number of copyright infringement actions, the Supreme Court of the United States has resolved a conflict among the circuits, holding that the equitable defense of laches cannot...more
Alaska Stock, LLC v. Houghton Mifflin Harcourt Pub. Co. -
Joining with the U.S. Court of Appeals for the Fourth Circuit, the U.S. Court of Appeals for the Ninth Circuit ruled that a stock photo agency is the valid...more
LKQ Corp. v. Clearlamp, LLC; MicroStrategy, Inc. v. Zillow, Inc.; Kyocera Corp. v. Softview LLC -
In addition to the many IPRs and CBM reported in this issue, the Patent Trial and Appeal Board (PTAB) has now issued...more
Teva Pharmaceuticals USA Inc. et al. v. Sandoz Inc. et al. -
In a case that will likely determine the standard of review used by the U.S. Court of Appeals for the Federal Circuit over lower court claim constructions,...more
With respect to the two related questions before the Supreme Court of the United States, the court held that (1) the prior standard used by the U.S. Court of Appeals for the Federal Circuit for determining whether a case is...more
The U.S. Court of Appeals for the Federal Circuit (in a case that attracted a dozen amici briefs) affirmed a district court ruling by Circuit Judge Posner (sitting by designation) that the holder of the FRAND-encumbered SEP...more
Therasense, Inc. v. Becton, Dickinson and Co. -
In the attorneys’ fee portion of this seminal case on inequitable conduct, the U.S. Court of Appeals for the Federal Circuit has concluded that the defendants, while...more
The U.S. Court of Appeals for the Federal Circuit, in a ruling designated as non-precedential, affirmed the district court finding that a claimed method involved an “abstract idea” and was therefore not patent eligible. ...more
In a case essentially decided on a single disputed claim construction, the U.S. Court of Appeals for the Federal Circuit rejected a narrow construction of the claim term “program” and construed the term, consistent with its...more
Applying the TiVo standard on finding of contempt when an infringer releases a new or modified product, the U.S. Court of Appeals for the Federal Circuit vacated the district court’s contempt order, concluding that a new...more
The en banc Federal Circuit, in a 6–4 decision, invoked the doctrine of stare decisis and decided to retain the de novo standard for appellate review of district court claim constructions....more
The U.S. Supreme Court granted certiorari on a petition challenging the U.S. Court of Appeals for the Federal Circuit’s standard for determining when a patent claim is indefinite under 35 U.S.C. §112, ¶ 2. See IP Update,...more
A unanimous Supreme Court of the United States, in a decision authored by Justice Breyer, reversed the U.S. Court of Appeals for the Federal Circuit, holding that the patentee bears the burden of persuasion on the issue of...more
In terms of the question presented, the Supreme Court of the United States answered that when a licensee seeks declaratory judgment against a patentee, asserting that its products do not infringe the licensed patent, “the...more
On December 5, 2013, the House approved the Innovation Act, H.R. 3309, primarily intended to address abusive behavior by patent owners in infringement litigation. The bill passed by a bipartisan vote of 325-91....more
1—The U.S. Supreme Court granted a petition for writ of certiorari in a case challenging patent eligibility (under § 101) of method claims directed to a software embodiment and a corresponding system. Alice Corp. Pty. Ltd....more
Appellate Decision Sets Stage for Next Skirmish In The Apple vs. Samsung Smart Phone Wars -
A unanimous panel of the U.S. Court of Appeals for the Federal Circuit has concluded that the district court was within its...more
In a case where the district court denied Apple’s request for a permanent injunction against certain Samsung smartphones, the Federal Circuit has remanded the matter to the district court in order to reconsider its...more
No Case or Controversy in DJ Against Patentee Who Sued Manufacturer’s Customers: Cisco Systems, Inc. v. Alberta Telecommunications Research Center -
In a non-precedential opinion addressing declaratory judgment...more
11/1/2013
/ Cisco ,
Claim Construction ,
Copyright ,
FRAND ,
Offsets ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Telecommunications ,
Trademark Policing ,
Trademarks
On August 3, 2013, U.S. Trade Representative Michael Froman, acting under the authority of President Obama, sent a letter noting his disapproval of the International Trade Commission’s determination to issue an exclusion...more
8/8/2013
/ Apple ,
Apple v Samsung ,
Barack Obama ,
FRAND ,
Imports ,
International Trade Commission (ITC) ,
iPhone ,
Mobile Devices ,
Patents ,
Public Policy ,
Samsung ,
Smartphones ,
Standard Essential Patents
“Reverse Payment” Settlements Face Greater Antitrust Scrutiny Following U.S. Supreme Court Ruling in FTC v. Actavis: Federal Trade Commission v. Actavis, Inc. -
Resolving a split among the U.S. Courts of Appeals, the...more
7/31/2013
/ Abbreviated New Drug Application (ANDA) ,
Advertising ,
Antitrust Investigations ,
Arbitration Agreements ,
Claims Limitations Period ,
Copyright ,
Forum ,
FTC v Actavis ,
Good Faith ,
Induced Infringement ,
Infringement ,
International Trade Commission (ITC) ,
Jurisdiction ,
Lanham Act ,
Obviousness ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Industry ,
Prescription Drugs ,
Prior Art ,
Reverse Payment Settlement Agreements ,
Standard Essential Patents ,
Trade Secrets ,
Trademarks