News & Analysis as of

Patents Presumption of Validity

Jones Day

Senate’s STRONGER Patents Act Aims to Address Key PTAB Patent Owner Woes

Jones Day on

On June 21, Senators Chris Coons (D-Del), Tom Cotton (R-Ark), Dick Durbin (D-Ill), and Mazie Hironoa (D-Hawaii) introduced the “Support Technology & Research for Our Nation’s Growth and Economic Resilience Patents Act of...more

Fish & Richardson

The ITC Punts on Whether the Presumption of Validity Applies to § 101 Challenges

Fish & Richardson on

On April 4, 2016, the U.S. International Trade Commission issued a notice stating that it would not review an Initial Determination by Judge Dee Lord finding the asserted claims of U.S. Patent Nos. 8,398,546 and 8,446,275...more

McDermott Will & Emery

Preponderance Standard Applies to Ex Parte Re-examinations - Dome Patent L.P. v. Lee

McDermott Will & Emery on

Addressing the presumption of validity in ex parte re-examinations, the U.S. Court of Appeals for the Federal Circuit reiterated that the presumption of validity does not apply to patents under reexamination in the U.S....more

Fenwick & West LLP

Well, that didn’t last long…

Fenwick & West LLP on

Last week, I reported on a September 4 decision from the District of Massachusetts in which the court emphasized that the presumption of validity applies to subject matter eligibility. This week, another judge in the same...more

Adler Pollock & Sheehan P.C.

U.S. Supreme Court: Good Faith Belief That a Patent Is Invalid Is No Defense to Induced Patent Infringement

In a sharply divided opinion, the Supreme Court has determined that a party may be liable for inducing the infringement of a patent even if it has a good faith belief that the patent is invalid. The decision, Commil USA, LLC...more

Moore & Van Allen PLLC

U.S. Supreme Court Rejects Good-Faith Invalidity Defense to Induced Patent Infringement

Moore & Van Allen PLLC on

On May 26, 2015, the U.S. Supreme Court issued its decision in Commil USA LLC v. Cisco Systems, Inc., 575 U. S. ____ ( 2015), rejecting the Federal Circuit Court of Appeals’ recognition of a defense to induced patent...more

Locke Lord LLP

Locke Lord QuickStudy: Belief As To A Patent’s Validity Is Not A Defense To Induced Infringement

Locke Lord LLP on

Following last year’s decision in Limelight Networks, Inc. v. Akamai Technologies, Inc. et al., 572 U.S. ____ (2014) (holding that a finding of induced infringement requires that all infringing acts be performed by a single...more

McDonnell Boehnen Hulbert & Berghoff LLP

Galderma Laboratories, L.P. v. Tolmar, Inc. (Fed. Cir. 2013)

When does a prior art disclosure of a concentration range of a medicament render obvious the use of a species that falls within that range, when that same use was also known in the prior art? After all, common sense should...more

McDonnell Boehnen Hulbert & Berghoff LLP

Cephalon, Inc. v. Watson Pharmaceuticals, Inc. (Fed. Cir. 2013)

Whether ANDA litigation has had a positive or negative impact on generic drug availability is an open question, in view of several recent reports looking at the effects such litigation has had on both branded and generic...more

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