Post By Blog Staff This morning, the world woke to the news that the UK has voted to leave the European Union. While we will continue to see the far reaching consequences of this decision in the days to come, there are a few certainties concerning European intellectual property rights. The Effects Will Not be Immediate The Lisbon Treaty provides for a two year transition period for all countries lea....... Read More
Post By Xiaohong Liu, Ph.D. The Federal Circuit yesterday, in a ten-to-one decision, rejected Ethicon’s petition for en banc rehearing on the question of whether the USPTO Director improperly delegated decision-making authority for the institution of inter partes review (IPR) to a PTAB panel. This decision confirms another existing USPTO practice, the function of PTAB panels to both institute and hold a tr....... Read More
Post By Daniel M. Lorentzen, Ph.D. The Supreme Court has issued its opinion in the case of In re Cuozzo Speed Technologies, LLC. In re Cuozzo initially began as an inter partes review (IPR) with the Patent Trial and Appeals Board (PTAB) where Garmin challenged the validity of Cuozzo’s patent relating to an interface that uses GPS technology to display a vehicle’s speed as well as the speed limit on the basi....... Read More
Post By Blog Staff Earlier this month, Madonna won the appeal of a copyright infringement lawsuit before the 9th Circuit Court of Appeals. The plaintiff, VMG Salsoul LTD., alleged that a tiny (0.23 second!) sample of the horns from the song “Love Break” was used in Madonna’s song “Vogue.” The majority held that the sample was too small to be considered infringement. Circuit Judge Susan Graber wrote, "A....... Read More
Post By Brandon W. Clark A recently decided court case regarding remastered versions of pre-1972 sound recordings could have significant legal and practical implications for musicians, recording artists, sound engineers, and record labels. Judge Perry Anderson, of the United States District Court for the Central District of California, recently granted Summary Judgment for CBS Radio Inc. in a case brought ....... Read More
Post By Blog Staff On the subject of willful infringement, 35 U.S.C. § 284 provides that, “[T]he court may increase the damages up to three times the amount found or assessed.” On its face, the statute allows for broad discretion by the district courts, but the Federal Circuit set out a stricter standard for awarding of enhanced damages, as In re Seagate Technology LLC. This test required clear and convinc....... Read More
Post By Blog Staff Patent cases often present many complex issues because a given case can feature a patent portfolio where each patent within the portfolio has a high number of litigable claims. Parties filing a patent suit on the basis of a patent portfolio and/or a large number of claims should be aware and prepared to respond to the court’s potential use of a simplification technique called mandated cl....... Read More
Post By Jonathan L. Kennedy In Black & Decker, Inc. v. Positec USA, Inc., a non-precedential opinion, the Federal Circuit reversed the Patent and Trial Appeal Board's (PTAB) finding of obviousness of two claims. The appeal arose from an Inter Partes Review (IPR) of U.S. Patent No. 5,544,417 owned by Black & Decker directed to a string trimmer. The PTAB had instituted the IPR on two a....... Read More
Post By Laura L. Hupp The United States Patent and Trademark Office has issued new guidance for Subject Matter Eligibility of Life Sciences patents. A memorandum with the subject "Formulating a Subject Matter Eligibility Rejection and Evaluating the Applicant's Response to a Subject Matter Eligibility Rejection" was released May 4, 2016. The Memorandum was accompanied by a new set of subject matter eligibil....... Read More
Post By Daniel M. Lorentzen, Ph.D. Today (May 11, 2016), the Defend Trade Secrets Act (DTSA) of 2016 was signed into law by President Obama. The DTSA was passed in the House of Representatives on April 27, by a vote of 410-2. The Senate had previously passed the DTSA on April 4 by a vote of 87-0. The DTSA was presented to the President for signature on April 29, who issued a statement earlier t....... Read More
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