Articles

Failure to Consider U.S. Export Control Regulations Can be Costly

Written by: Brett J. Rosen Export controls are laws and regulations that regulate and restrict the release of sensitive technologies and information to foreign countries and foreigners, both within and outside of the United States, for reasons of national security and foreign policy.  U.S. export control laws are often overlooked by companies of all sizes […]

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German Federal Patent Court Rules That Royalties Under a Compulsory License Must Be Paid Until Patent Revocation

Written by: Fritz Wetzel, Ph.D. Last year, the German Federal Patent Court concluded that Merck is entitled to a compulsory license from Shinogi to continue the sale of its HIV medicine Isentress®. The written reasoning for that decision is now available. This is the first time that the Federal Patent Court granted a compulsory license […]

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Blockchain Technology – Patent Eligible Subject Matter or Just a Business Model?

Written by: Fritz Wetzel, Ph.D. This article first appeared in the April 4, 2018 edition of the Legal Intelligencer. Bitcoin, Ethereum, and Litecoin have become household terms.  Bitcoin’s unprecedented run to $20,000 (and back down again), along with similarly impressive gains by other cryptocurrency, has created a horde of so called crypto-millionaires.  But how many […]

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How $1 billion in Design Patent Damages became $400 million (and may soon become less)

Written by: Brett J. Rosen Apple will soon return to court to continue its legal battle with Samsung over Samsung’s infringement of Apple’s iPhone design. The latest chapter of this saga concerns the proper methodology for calculating damages that Samsung must pay to Apple for infringing Apple’s design patents. As background to this case, a […]

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ABA, AIPLA and IPO Offer Revisions to Clean Up the §101 Mess

Written by: Michael P.F. Phelps Raise your hand if you think 35 U.S.C. §101 has gotten too big for its britches!  Raise your hand if you think Section 101 needs to move over and let Sections 102, 103 and 112 do their jobs!  Raise your hand if you’re tired of subjective and inconsistent patent decisions!  […]

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Patent Trolls Evicted From The Eastern District of Texas!

TC Heartland LLC v. Kraft Foods Group Brands LLC Written by: Christopher H. Blaszkowski This article first appeared in the June 1, 2017 edition of the Legal Intelligencer. Over the past decade or so, litigious non-practicing entities (also known as “patent trolls”) expressed a keen preference to litigation in the Eastern District of Texas (E.D. […]

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Supreme Court Clarifies Separability Analysis for Copyright Protection of Elements of Industrial Designs

In a second Intellectual-Property-related decision in as many days, the U.S. Supreme Court issued a long-awaited ruling on March 22, 2017, in Star Athletica, L.L.C. v. Varsity Brands, Inc. et al. (No. 15-866), confirming that copyright protection extends to pictorial, graphic, and sculptural works regardless of whether they were created as freestanding art or as […]

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Supreme Court Eliminates Laches Defense in Patent Cases

The U.S. Supreme Court issued a decisive ruling today in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC (No. 15-927), eliminating the defense of laches in patent cases. This ruling continues the Supreme Court’s recent trend of overturning Federal Circuit precedent. Laches is an equitable defense in which a plaintiff is barred from […]

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Design Patent Damages After Samsung v. Apple – If the Supreme Court Knows How to Calculate Damages, They’re Not Telling Us

Apple’s design patent suit against Samsung certainly has earned its newsworthy status. Take the two biggest players in the booming smartphone market, lock them in protracted and heated battle, and slap one with a staggering $400 million in damages, and you have the makings for the design patent case of the century. In fact, this […]

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Despite Brexit, the United Kingdom Will Ratify the Unified Patent Court Agreement

After the UK’s June 2016 Brexit vote, it seemed almost certain that London would not ratify the Unitary Patent Protection agreement (UPP) and, as a result, would not become one of the seats of the Unified Patent Court (UPC). Recently, in a move made unexpected by Brexit, the UK revealed that it plans to continue […]

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