On October 4, 2017, the U.S. Court of Appeals for the Federal Circuit issued a divided en banc decision in Aqua Products, Inc. v. Matal, vacating the Patent Trial and Appeal Board’s (PTAB) final written decision insofar as it...more
On September 21, 2017, the US Court of Appeals for the Federal Circuit in In re Cray, Inc. clarified the rules for determining proper venue in patent suits, building on the US Supreme Court’s May 2017 ruling in TC Heartland...more
As we implement the Eversheds Sutherland combination and expand our ability to serve clients around the globe, our US and international teams are working together to analyze issues impacting clients doing business in multiple...more
6/21/2017
/ America Invents Act ,
Americans with Disabilities Act (ADA) ,
Anti-Money Laundering ,
Attorney-Client Privilege ,
Cross-Border ,
Enforcement Actions ,
EU ,
Legal Advice Privilege ,
Patent Litigation ,
Post-Grant Review ,
Privileged Communication ,
Tax Reform ,
UK ,
Website Accessibility
On June 20, the U.S. Supreme Court’s decision in Cuozzo Speed Technologies, LLC v. Lee, 2016 WL 3369425 (June 20, 2016) upheld the Patent Office’s long-held policy of construing a patent claim according to its broadest...more
6/22/2016
/ America Invents Act ,
Broadest Reasonable Interpretation Standard ,
Chevron Deference ,
Chevron v NRDC ,
Claim Construction ,
Cuozzo Speed Technologies ,
Cuozzo Speed Technologies v Lee ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Trial and Appeal Board ,
SCOTUS ,
USPTO
On June 13, the U.S. Supreme Court unanimously rejected the Federal Circuit’s rigid two-part test for awarding enhanced damages in patent cases. In two cases decided together, Halo Elecs., Inc. v. Pulse Elecs., Inc., and...more
6/15/2016
/ 35 U.S.C. § 284 ,
Enhanced Damages ,
Halo v Pulse ,
Judicial Discretion ,
Octane Fitness v. ICON ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Preponderance of the Evidence ,
SCOTUS ,
Seagate ,
Stryker v Zimmer ,
Willful Infringement
In Halo Electronics, Inc. v. Pulse Electronics, Inc., 2013-1472, - 1656 (October 22, 2014), the Federal Circuit concluded that there was no direct infringement when substantial activities of a sales transaction – including...more