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They Believed The Patent Was Invalid, But Is That Enough To Avoid Liability For Inducing Infringement?

The answer should be a resounding “no,” according to the United States and Commil USA, LLC, the recipient of a multi-million dollar jury award against Cisco Systems, Inc. Last week, the U.S. Supreme Court heard arguments in...more

North Carolina Abusive Patent Assertions Act (H1032) Makes Its Way Through General Assembly

The 2013 General Assembly convened its 2014 Regular Session on Wednesday, May 14, 2014 with the introduction of House Bill 1032 The Abusive Patent Assertions Act by primary sponsor Representative Tom Murry (Rep). The Bill...more

U.S. House Committee Holds Hearing on Abusive Patent Demand Letters

On April 8, 2014, the U.S. House Committee on Energy & Commerce, Subcommittee on Commerce, Manufacturing, and Trade held a hearing “Trolling for a Solution: Ending Abusive Patent Demand Letters.” The purpose of the hearing...more

USPTO March 2014 Update to Guidance & Training for Evaluating Utility Patent Subject Matter Eligibility for Claims involving...

In response to recent U.S. Supreme Court decisions addressing utility patent subject matter eligibility under 35 U.S.C. § 101, the U.S. Patent & Trademark Office issued new guidance and training materials for patent examiners...more

4/3/2014  /  Patent Litigation , Patents , SCOTUS , USPTO

The Burden is on You: A Defendant Patent Holder Still Bears the Burden of Proving Infringement in a Declaratory Judgment Action...

For nearly 150 years, it has been established that a patent holder (“patentee”) ordinarily bears the burden of proving infringement. The U.S. Supreme Court’s recent decision in Medtronic v. Mirowski Family Ventures, LLC, 571...more

Federal District Courts Continue to Use Local Patent Rules

In our last post, we discussed proposed amendments to the Federal Rules of Civil Procedure recently published for comment by the Judicial Conference Advisory Committee. Two years ago, I sat on a similar advisory committee...more

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