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Shifting Pre-Trial Strategy in the Wake of Alice and Ultramercial
December 04, 2014

    Post by Paul S. Mazzola Four recent Supreme Court cases involving patentable subject matter under 35 U.S.C. § 101 (Bilski v. Kappos, Mayo Collaborative Services v. Prometheus Laboratories, Inc., Ass'n for Molecular Pathology v. Myriad Genetics, Inc., and Alice Corp. v. CLS Bank International ) have had the practical effect of heightening the standard for patentability. However, these cases may also be al....... Read More


    Is the Supreme Court Re-Aiming Markman?
    October 17, 2014

      Post by Alex Christian The 1996 United States Supreme Court decision in Markman v. Westview Instruments established a landmark change for claim construction in patent infringement cases. That case established that the meaning of the claim language of a patent is a matter of law for a judge to decide, and not a matter of fact that should be determined by the jury. Since the decision, what is now known as a "C....... Read More


      USPTO Patent Invalidation Precludes Judicial Equitable Remedies and Sanctions
      July 31, 2014

        The U.S. Court of Appeals for the Federal Circuit has issued a decision inePlus, Inc. v. Lawson. ePlus sued Lawson asserting infringement of two patents—U.S. Patent Nos. 6,023,683 ("the '683 patent") and 6,505,172 ("the '172 patent"). At trial, the district court held two of ePlus's asserted system claims and three of ePlus's asserted method claims not invalid, and the jury found those same claims infringed by Law....... Read More


        Federal Circuit Weighs in on Stays for Post-Grant Review
        July 24, 2014

          The Federal Circuit has issued an opinion in VirtualAgility Inc. v. Salesforce.com, Inc., providing clarification regarding how court should properly determine whether to stay litigation during later-requested post-grant PTO proceedings. Under the America Invents Act, a district court is permitted, but not required, to grant such a stay. The statute also provides a list of four factors that the district court is t....... Read More


          PTO Interference Decisions do not Preclude Invalidity Defenses in Court
          July 23, 2014

            The Federal Circuit has issued a decision in AbbVie v. Janssen Biotech and Centocor Biologics, which relates to patents that broadly cover antibodies which can neutralize activity of human interleukin 12 (IL-12) and have useful application in the treatment of autoimmune disorders. The patent owner, AbbVie, sued Janssen and Centocor for infringement of the patents at issue. At trial, the jury found that all of the ....... Read More


            The Ongoing Battle of Copyright Protection and Pre-1972 Sound Recordings
            April 23, 2014

              Federal Copyright Law generally protects works that are fixed in a tangible medium from unauthorized use, including copying, performance, exhibition, and broadcasting. However, sound recordings from before 1972 are treated uniquely under the law—a situation that has resulted in real legal problems. When enacted, the Federal Copyright Law preempted any state rights relating to copyright protection. Howeve....... Read More


              New and Useful - August 26, 2013
              August 26, 2013

                · InUniversity of Utah v. Max-Planck-Gesellschaft, the Federal Circuit held that a patent lawsuit between a state university and the officers of another state university is not a controversy between two states. The case began when the University of Utah (“UUtah”) sued the Max Planck Institute and the University of Massachusetts (“UMass”) to correct inventorship of two paten....... Read More


                New and Useful - April 23, 2013
                April 23, 2013

                  · InK-Tech Telecoms v. Time Warner Cable, the Federal Circuit confirmed that the standard for evaluating the adequacy of complaints alleging direct patent infringement remains Form 18 of the Appendix of Forms to the Federal Rules of Civil Procedure ("Form 18"). K-Tech filed separate complaints against Direct TV and Time Warner Cable (“TWC”) on the same day, alleging infringeme....... Read More


                  U.S. Supreme Court Addresses Jurisdiction In Patent Related Case
                  February 21, 2013

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                    Federal Circuit Addresses Subject Matter Jurisdiction in Patent-Related Cases
                    February 14, 2013

                      In Semiconductor Energy Lab. Co., Ltd. v. Yujiro Nagata, the Federal Circuit weighed in on federal subject matter jurisdiction and provided two important reminders: (1) Just because a cause of action originates from a patent, standards in the patent statute, or even from other patent litigation, it is the present cause of action and claims that dictate whether subject matter jurisdiction is proper; and (2) ....... Read More


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