Articles

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!  […]

Read more

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. […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

Federal Circuit Strengthens Software, Business Method Patents

This article appeared in the October 4, 2016 edition of the Legal Intelligencer The U.S. Supreme Court’s 2014 ­decision in Alice v. CLS Bank, No. 13–298, shifted the tide against ­patents ­claiming software and business ­methods and led to record numbers of invalidations under 35 U.S.C. Section 101’s prohibition on patenting abstract ideas. After upholding […]

Read more

Supreme Court Overrules Federal Circuit’s Seagate Test for Enhanced Damages

In a combined opinion for two cases, Halo Electronics, Inc. v. Pulse Electronics, Inc. (No. 14–1513) and Stryker Corp. v. Zimmer, Inc.(No. 14–1520), a unanimous Supreme Court rejected the two-part test for awarding enhanced damages under 35 U.S.C. § 284. The Federal Circuit had pronounced this test nearly a decade ago in In re Seagate […]

Read more

Supreme Court: 1) Upholds Use of Broadest Reasonable Interpretation during Inter Partes Review; and 2) Affirms that Inter Partes Review Institution Decisions are Not Appealable

On June 20, 2016, the Supreme Court issued a long awaited opinion in Cuozzo Speed Technologies, LLC v. Lee, 579 U. S. ____ (2016). In its opinion, the Supreme Court squarely sided with the United States Patent and Trademark Office, approving of the Patent Trial and Appeal Board’s (“PTAB”) use of the broadest reasonable interpretation […]

Read more

Ushering in the Era of Federal Trade Secret Protection

Until last month, matters of trade ­secret misappropriation were largely the province of state law. This changed on May 11, when President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA), providing for the first time a federal private cause of action for trade secret misappropriation. This is arguably one of the […]

Read more

Previous Entries