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With its Alice and Mayo opinions, the U.S. Supreme Court dramatically changed how patent eligibility under 35 U.S.C. § 101 is defined. ...more
2017 saw a bumper crop of Supreme Court decisions on intellectual property matters around the world including eight by the United States Supreme Court, two by the Canadian Supreme Court, and two by the United Kingdom Supreme...more
The Situation: Artificial intelligence ("AI") technology is exploding across virtually all industries. Technology companies are innovating at warp speed, and even companies that do not principally identify as "technology...more
A few months ago, the Irish drug company Allergan moved to shield its key patents on its dry-eye drug Restasis from challenge at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent Office by assigning these patents to...more
Intellectual Ventures Refiles Against Auto Makers After Patent Assignment Fails ITC Scrutiny - The U.S. International Trade Commission (“ITC”) terminated an investigation because standing did not exist as of the date the...more
Agenda: • UK Supreme Court Decision on Infringement – “Equivalents” – Use of the prosecution history • Doctrine of Equivalents in the United States • Plausibility before the EPO and UK courts – Inventive step of...more
This paper is based on reports on precedential patent cases decided by the Federal Circuit distributed by Peter Heuser on a weekly basis. ...more
On April 5, 2017, the High Court of Justice in the UK ruled that if a patent holder claims that a patent is essential under the ETSI IPR Policy, it must license that patent to third parties on fair, reasonable, and...more
On February 10, 2017, an Illinois federal judge determined that R-Boc Representatives violated an injunction issued following a jury trial on their alleged patent infringement. In a unique opinion replete with quotations...more
The Beijing IP Court recently made headlines by granting a record amount of damages for patent infringement -no less than RMB 49 million (USD7.15m)-, one of the highest amounts since the court was established in November...more
In a December 6, 2016 opinion, the U.S. Supreme Court rendered the latest decision in the long-running war over smartphones between industry and cultural titans, Apple and Samsung. While many might have hoped for a clarifying...more
In a key decision that both patent owners and accused infringers need to be aware of, the U.S. Court of Appeals for the Federal Circuit has significantly narrowed the availability of "covered business method" (CBM) patent...more
Like a lizard shedding its tail to avoid capture, patent owners continue to escape Covered Business Method (CBM) proceedings by disclaiming claims clearly directed to financial products or services. Despite growing tension...more
In the immortal words of the most recent Nobel Laureate in literature, “the times they are a changin.’” Section 35(a) of the Lanham Act provides that “[t]he court in exceptional cases may award reasonable attorney fees to...more
In a precedential opinion issued en banc on Friday, October 7, 2016, the Federal Circuit overturned a panel decision, affirming and reinstating the district court’s judgment and the jury’s verdict. The majority opinion...more
Three years ago, the Federal Trade Commission announced a study of “patent assertion entities” (“PAEs”): “businesses that acquire patents from third parties and seek to generate revenue by asserting them against alleged...more
On September 26, 2016, RPost Communications Limited (“RPost”) filed a brief in the United States Court of Appeals for the Federal Circuit (“Federal Circuit”), arguing that the district court did not have statutory authority...more
The US Court of Appeals for the Fifth Circuit ruled that a most-favored licensee clause allowed a licensee that paid a lump sum of $70 million to be entitled to a refund when a subsequent licensee paid a lump sum of only...more
(Editorial Note: This is the second in our two-part series exploring recent litigation under the newly-enacted Defend Trade Secrets Act.) We’ve been tracking the development of the Defend Trade Secrets Act (“DTSA”) for...more
On June 13, 2016, the Supreme Court issued a unanimous opinion in two consolidated cases (Halo Electronics v. Pulse Electronics and Stryker Corp. v. Zimmer) effectively lowering the standard for obtaining enhanced damages in...more
In determining whether a laches defense applies to thwart a claim of patent infringement, courts must often shine a light upon murky and complicated factual scenarios. A Massachusetts court recently navigated such a scenario...more
Judge Jeffrey Alker Meyer of the District of Connecticut recently released an opinion that is significant to litigants on either side of a covenant not to sue. In a complex case with a host of claims and counterclaims...more
On May 2, 2016, amended rules governing post-grant proceedings before the Patent and Trial Appeal Board (“PTAB”), including inter partes review (“IPR”), post-grant review (“PGR”), and covered business methods (“CBM”), will...more
In a significant ruling, the U.S. Court of Appeals for the Federal Circuit has recognized a new privilege shielding communications between patent applicants and their non-lawyer patent agents. The issue was one of first...more
The U.S. Patent and Trademark Office (USPTO) has unveiled a series of new rules that provide for significant changes to the procedures followed in Patent Trial and Appeal Board (PTAB) proceedings, including inter partes...more