May 9, 2018 | Blog | By Michael Newman, Peter Cuomo, Patrick Driscoll
The U.S. Patent and Trademark Office announced a propose change to the standard for construing both unexpired and amended patent claims in Patent Trial and Appeal Board (PTAB) proceedings under the America Invents Act (“AIA”).
Post-Grant Review Chickens Come Home to Roost: The Federal Circuit Clarifies the Effect of Reexamination on Equitable Estoppel and Laches
May 9, 2018 | Blog | By Andrew DeVoogd, Anthony Faillaci, Chris Duerden
The Federal Circuit recently overturned a decision estopping the plaintiff from pursuing its infringement claims in the United States District Court for the Eastern District of Arkansas, and clarified the effect of reexamination on equitable estoppel and laches.
May 4, 2018 | Blog | By Michael Renaud, Sandra Badin, Inna Dahlin
As we noted in our blog post last week, the USPTO held its “Chat with the Chief on SAS” webinar on April 30, 2018, to advise the public on the implications of the Supreme Court’s opinion in SAS Institute for practice before the Board going forward.
International Trade Commission Clarifies the Intersection Between Litigation Funding Agreements and Standing
April 27, 2018 | Blog | By Andrew DeVoogd, Daniel Weinger, Kara E. Grogan
On April 18, 2018, the International Trade Commission (“Commission”) reversed an Administrative Law Judge’s (“ALJ”) finding that a litigation funding agreement destroyed standing for a complainant at the ITC.
April 27, 2018 | Blog | By Michael Renaud, James Wodarski, Sandra Badin, Chris Duerden, Anthony Faillaci
On Tuesday, the U.S. Supreme Court issued two important patent law opinions that relate to the inter partes review procedure introduced by the America Invents Act: Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC, which upholds the constitutionality of inter partes review, and SAS Institute, Inc. v. Iancu, which requires the Patent Trial and Appeal Board to adjudicate the validity all patent claims challenged in a petition for inter partes review if the Board decides to adjudicate the validity of any claim challenged in that petition.
April 25, 2018 | Blog | By Adam Samansky, Joe Rutkowski
On April 16, 2018 in a precedential opinion, the United States Court of Appeals for the Federal Circuit, Sumitomo Dainippon Pharma v. Emcure Pharms., Nos. 2017-1798, -1799, -1800, affirmed the United States District Court for the District of New Jersey by construing the claimed chemical structure diagram to encompass at least the specific enantiomer depicted, refusing to limit the claim to only cover a racemic mixture of the (+) and (–) enantiomers, absent clear indication that the depicted enantiomer should be excluded from the claim.
April 17, 2018 | Blog | By Steven Jensen, Jonathon Western
Software patents are generally directed to a sequence of steps or rules, i.e., an algorithm, performed by a computer programmed to carry out the algorithm. Because algorithms are inherently functional in nature, software patent claims are frequently written using functional, as opposed to structural, terms.
April 11, 2018 | Blog | By Lisa Adams, Derek Constantine
The term “blockchain” is everywhere, and it is likely that you will interact with blockchain technology every day in the years to come.
April 9, 2018 | Blog | By William B. Kezer
The United States Patent and Trademark Office (USPTO) anticipates issuing the 10 millionth utility patent at some point during the summer 2018.
April 6, 2018 | Blog | By Michael Renaud, Nick Armington
The Eastern District of Pennsylvania recently granted immunity under the whistleblower provision of the Defend Trade Secret Act in what appears to be the first decision of its kind under the new federal trade secret statute.
April 5, 2018 | Blog | By Adam Samansky, Alexander Roan
Section 271 of Title 35 of the United States Code is the statute that codifies unlawful acts of patent infringement. The most commonly asserted provisions are § 271(a) (direct infringement), § 271(b) (induced infringement), and § 271(c) (contributory infringement).
March 30, 2018 | Blog | By Michael Renaud, Andrew DeVoogd, Daniel Weinger
On March 20, 2018, the public version of Eastern District of Texas Magistrate Judge Roy Payne’s March 7, 2018 order tossing a $75 million jury verdict obtained by Ericsson against TCL Communication was released.
March 28, 2018 | Blog | By Andrew DeVoogd, Anthony Faillaci
Further to our ongoing coverage of post-TC Heartland patent litigation, in a recent development from the Northern District of Illinois, the court granted counterclaim defendants’ motion to dismiss for improper venue.
Berkheimer v. HP Inc.: Whether Claim Elements Are Well-Known, Routine, or Conventional Is a Question of Fact
March 12, 2018 | Blog | By Michael Newman, Kevin Amendt
The Court of Appeals for the Federal Circuit ruled in February that it was wrong for a judge to rule that a patent was ineligible under the Alice standard because there were underlying factual disputes that could not be resolved on summary judgement.
March 5, 2018 | Blog | By Stephen J. Akerley, Adrian Kwan
Automated Tracking Solutions, LLC, (“ATS”) appealed findings of invalidity for failing to claim patent-eligible subject matter by the United States District Court for the Northern District of Georgia.
March 1, 2018 | Blog | By Brad M Scheller, Lily Zhang
The Federal Circuit affirmed the Patent Trial and Appeal Board’s inter partes review decision declaring various claims of patent owner Thales’ U.S. Patent No. 6,474,159 (“the ‘159 patent”) nonobvious.
February 26, 2018 | Blog | By Christina Sperry, Kevin Amendt
Struggling to keep case law relating to subject matter eligibility organized? In February 2018, the United States Patent and Trademark Office (USPTO) released an improved Eligibility Quick Reference Sheet, providing patent practitioners with a useful tool for analyzing claims in view of 35 U.S.C. § 101 subject matter eligibility requirements.
February 22, 2018 | Blog | By Christina Sperry, Alexander Roan
In an application of 2017 U.S. Supreme Court precedent in Impressions Products, Inc. v. Lexmark Intern., Inc., the Northern District California in International Fruit Genetics LLC v. Orcharddepot.com, No. 4:17-cv-02905-JSW, recently denied a motion to dismiss a claim of patent infringement by holding that the patent exhaustion doctrine did not apply to a sale of a patented product that was outside the scope of the license granted by the patent owner.
February 22, 2018 | Blog | By Christina Sperry
The U.S. Patent and Trademark Office (USPTO) is implementing eCommerce Modernization (eMod), as discussed at a USPTO Patent Quality Chat webinar on February 13, 2018.
Federal Circuit Approves Apportioning Damages through a Thorough and Reliable Analysis of the Royalty Rate
February 15, 2018 | Blog | By Stephen J. Akerley, Philip C. Ducker
On January 12, 2018 in Exmark Manufacturing Co. Inc., v. Briggs & Stratton Power Products Group, LLC, the Federal Circuit once again addressed the issue of apportioning damages, an area of the law that continues to evolve. The parties in Exmark are competitors in the commercial lawn mower market.
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