As legal and business professionals focused on protecting intellectual property—especially those of us in business litigation—it's crucial to stay attuned to the expanding influence of generative AI (“GenAI”). While patents...more
What You Need to Know: • Instead of filing multiple applications claiming different aspects of an invention but not sharing a single priority chain, patentees should strive to file highly comprehensive applications that...more
A domestic industry may never be too small so long as the commercial product is 100% American-made according to the latest Federal Circuit opinion. In Wuhan Healthgen Biotech v. ITC, the Federal Circuit affirmed the...more
As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have...more
On January 6, 2025, the United States Court of Appeals for the Federal Circuit (“CAFC”) affirmed the decision of the Patent Trial and Appeal Board (“PTAB”) rejecting a challenge to U.S. Patent No. 7,332,277 (“the ‘277...more
In recent years, intellectual property (IP) claims have been on the rise—patent disputes, infringement claims, unlicensed use of social media content—all often lead to expensive IP litigation. Originally published in...more
On October 18, 2024, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision addressing claim construction at the Rule 12(b)(6) stage. In UTTO Inc. v. Metrotech Corp., No. 2023-145 (Fed. Cir. Oct. 18,...more
2023 was an exciting year for Section 337 litigation at the ITC and 2024 is off to an equally interesting start. In this article, Libbie DiMarco reviews five of the most interesting recent developments in Section 337...more
An August 2023 decision from the Federal Circuit Court of Appeals highlighted potential new fragilities in the patent portfolios of many industry giants, especially those in the pharmaceutical industry....more
In October 2022, the Court of Appeal in the United Kingdom issued a unanimous decision in ruling that Apple must either accept global licensing terms before they have even been determined or face an injunction that would...more
The increasing intersection of antitrust and intellectual property laws has led to a number of complex legal issues for which clients often seek guidance from the Antitrust Division of the Department of Justice (“DOJ”)....more
The PTAB’s precedential Fintiv decision (Apple v. Fintiv, Inc, IPR2020-00019) held that the PTAB could deny institution of an IPR, even within the one year statutory bar, if (1) district court litigation has progressed...more
Every IP litigant has the same questions on their mind: “If I win, how much of my legal costs can I recover? And if I lose, how much will I have to pay?” These are important questions, and the answers now may be different...more
Imagine that you are a founder of a revolutionary technology startup in Canada. Your company is about to release its blockbuster product that will disrupt the entire industry and catapult your company to fame and...more
The last year of the 2010s has been prolific in terms of important new pieces of legislation and case law within the European Union, and in France and Germany in particular. Indeed, the European Parliament and the EU Council...more
A jury determined that Benton Energy Service Co. infringed a patent for improved drilling in offshore oil wells owned by Cajun Services Unlimited...more
Over the years, patents have issued on numerous games, including iconic favorites such as Monopoly® (1935), Battleship® (1935), Rubik’s Cube® (1983), Rock'em Sock'em Robots® (1966), Twister® (1969), and Simon® (1979)....more
Canada is increasingly becoming a hot bed for IP litigation involving U.S. IP owners, and provides a highly favourable forum from a procedural, substantive law and litigation costs perspective. American companies have seen...more
IP litigation is expensive and risky. A patent owner relies on costly experts and attorneys, and confronts the possibility that the entire case could be dismissed at any point during a lengthy litigation process (likely...more
DISTRICT COURT CASES - Northern District of California Orders Plaintiff to Pay $1.19 Million in Attorneys' Fees in "Objectively Baseless" IP Case - On Friday, September 11, 2015, U.S. District Judge Vince Chhabria...more
On March 6, in a U.S. District Court for the Eastern District of Texas case, Texas Advanced Optoelectric Solutions (TAOS) Inc. obtained a verdict against Intersil Corp. (Nasdaq: ISIL) for trade secret misappropriation, breach...more