News & Analysis as of

Patent Infringement

OTA & Travel Distribution Update - Airbnb avoids liability for lease violations; Short-lived successes at Room Key; Hopper makes...

by Garvey Schubert Barer on

The first installment of our weekly OTA & Travel Distribution Update for 2018 is below. A mix of stories in this week’s Update....more

Wordlogic Corp. v. Fleksy, Inc. (N.D. Ill. 2017)

Wordlogic brought an action against Fleksy in the Northern District of Illinois, alleging infringement of U.S. Patent Nos. 7,681,124 and 8,552,984. Flesky moved to dismiss the case under Rule 12(b)(6), on the grounds that...more

Judge Andrews Issues Markman Ruling In Infringement Action Construing Nine (9) Disputed Terms In Patents-In-Suit

by Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Sanofi-Aventis U.S. LLC et al. v. Merck Sharp & Dohme Corp., Civil Action No. 16-812-RGA (D.Del. January 12, 2018), the Court rendered its Markman ruling...more

Top 10 Highlights of Canadian IP Law and Practice in 2017

by Smart & Biggar on

2017 was a year of significant developments to Canadian IP law and practice, with important court decisions and numerous legislative amendments. We have taken the opportunity to review the top 10 highlights from the past...more

Advanced Video Technologies LLC v. HTC Corporation Et Al.

by Knobbe Martens on

Federal Circuit Summaries - Before Newman, O’Malley, and Reyna. Appeal from the United States District Court for the Southern District of New York. Summary: A co-inventor did not transfer ownership interests in a...more

Protecting Artificial Intelligence IP: Patents, Trade Secrets, or Copyrights?

by Jones Day on

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

2017 – It was biotech and pharma who kept the Australian legal system busy

by FPA Patent Attorneys on

2016 saw the Australian legal system deal with the questions that ranged from defining a human being to defining an inventor. 2017 proved to be just as interesting, and just as informative for patentees and applicants as to...more

Just in Time: Federal Court of Appeals Reconsiders Prior Decision on Availability of Judicial Review of IPRs

The Court of Appeals for the Federal Circuit reconsiders its previous decision on the availability of judicial review of IPRs. The statutes, namely 35 U.S.C. §§ 314(d) and 315(b), governing institution of inter partes...more

State University's Filing Of Patent Infringement Action Waives Sovereign Immunity To IPR Proceedings

The PTAB (Patent Trial and Appeal Board) of the USPTO recently issued a decision that a filing of a patent infringement action by a public university waives sovereign immunity to inter partes review (IPR) proceedings in the...more

Rx IP Update - 2017 Highlights in Canadian Life Sciences IP

by Smart & Biggar on

The year 2017 was one of the most significant years for Canadian Life Sciences IP and Regulatory Law in Canada’s history. The year saw major developments in patent linkage, patent term, and substantive patent issues. As we...more

Inducement After Importation Actionable Under Section 337

by Jones Day on

Complainants often must rely on indirect infringement to prove a violation of Section 337. Indirect infringement may be in the form of induced or contributory infringement. In a recent opinion, the Commission clarified issues...more

Top Four Stories of 2017

After reflecting upon the events of the past twelve months, Patent Docs presents its 11th annual list of top patent stories. For 2017, we identified nineteen stories that were covered on Patent Docs last year that we believe...more

Liability for Inducement Where There is Divided Infringement

by Workman Nydegger on

In 2017, the Federal Circuit issued a decision Eli Lilly & Co. v. Teva Parenteral Meds., Inc., 845 F.3d 1357 (Fed. Cir. 2017) that found Teva liable for inducement of method claims in U.S. Patent No. 7,772,209 even though no...more

Finjan, Inc. v. Blue Coat Systems, Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Dyk, Linn, and Hughes. Appeal from the Northern District of California. Summary: Claims directed to behavior-based virus scanning, as opposed to the traditional code-matching method,...more

Five Common Myths about Utility Patents for Start-ups

1. As a start-up, utility patents are not worth the investment. While it is true that utility patents are expensive — costing up to $25,000 and about $10,000 on average — not having patent protection can end up costing...more

Unclaimed Features Doom Patent Claims Under Section 101 Eligibility Analysis — Lessons from Two-Way Media

When claims are subject to the subject matter eligibility inquiry under 35 USC 101, details matter. In previous posts, the Patent 213 blog has stressed the need to provide details of the invention not only in the...more

Wifi One, LLC v. Broadcom Corp: Petitions for Inter Partes Review Are Time-barred Are Reviewable On Appeal

by Fish & Richardson on

On January 8, 2018, the Federal Circuit sitting en banc issued its decision in Wifi One, LLC v. Broadcom Corp., No. 2015-1944, holding that PTAB decisions with respect to whether petitions for inter partes review are...more

Federal Circuit Rules That PTAB Rejection Of IPR Time-Bar Defense Is Reviewable

by Brooks Kushman P.C. on

In an en banc decision, the U.S. Court of Appeals for the Federal Circuit ruled that the appeals court may review the Patent Trial and Appeal Board’s determination, in connection with a decision to institute inter partes...more

Director’s Time-Bar Determinations under § 315(b) are not Exempt from Judicial Review

In Wi-Fi One, LLC v. Broadcom Corp., [2015-1945, 2015-1946] (January 8, 2018) the Federal Circuit, en banc, held that the bar on judicial review of institution decisions in 35 U.S.C. §314(d) does not apply to time-bar...more

Full Federal Circuit Holds IPR Time-Bar Determinations Appealable

by Lathrop Gage on

On Monday the Federal Circuit Court of Appeals issued an en banc decision on an important issue: If a party files a petition for Inter Partes Review (an “IPR”) before the Patent Trial and Appeal Board, and the Board decides...more

PTAB Deals A Crippling Blow To Sovereign Immunity

by Morrison & Foerster LLP on

Patent Trial and Appeal Board Chief Judge David Ruschke recently dealt sovereign immunity a crippling blow. Although Judge Ruschke confirmed that Eleventh Amendment immunity does apply to sovereign actors, he held that when a...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

The big news of today is the Circuit’s en banc decision in Wi-Fi One v. Broadcom in which a majority of the court holds that, given the strong presumption in favor of judicial review, the Circuit should hear appeals of the...more

Federal Circuit Holds En Banc That The PTAB’s Determination on Whether The One Year Time-Bar is Triggered in Inter Partes Review...

On January 8, 2018, the Federal Circuit issued its long-awaited en banc decision in Wi-Fi One, LLC v. Broadcom Corporation, No. 2015-1944, 2018 WL 313065 (Fed. Cir. Jan. 8, 2018). The issue before the en banc Court was the...more

PTAB Recognizes Limits to Eleventh Amendment Sovereign Immunity

by Jones Day on

In a pair of near identical decisions issued on December 19, 2017, an expanded PTAB panel found that the Regents of the University of Minnesota had waived its defense of sovereign immunity by filing actions against the...more

Providing Conditions May Help Establish Patent Infringement

by Strasburger & Price, LLP on

In Travel Sentry, Inc. v. David Tropp (Fed. Cir. 2017), the Federal Circuit clarified two or more parties can commit patent infringement of a method patent if one of the parties is conditioning the other(s). This ruling...more

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Cybersecurity

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