The Supreme Court today decided Quanta Computer, Inc. v. LG Electronics, Inc., dealing with the doctrine of patent exhaustion (also called the first sale doctrine). In a nutshell, the Court made it more difficult for patent holders to maintain a claim for infringement down the distribution chain of a product. There were three main aspects […]
Continue Reading →This morning the Supreme Court decided Quanta v. LG, reversing the Federal Circuit's decision. We'll post a link to the decision (written by Justice Thomas) as soon as it's available.
Continue Reading →The opinion of the Court in Quanta Computer, Inc. v. LG Electronics, Inc. is now available here. Thanks to SCOTUSBlog for making a copy of the decision available online. Update (10:45): The closing paragraph of the decision is a good, concise summary: The authorized sale of an article that substantially embodies a patent exhausts the […]
Continue Reading →In a decision yesterday, the Federal Circuit affirmed a district court's claim construction and its related judgment of noninfringement. The court declined to import a meaning which went against the plain meaning of the disputed term, and stated if the patentee had intended such a meaning, it should have done so explicitly. The term at […]
Continue Reading →In a decision this week, the Federal Circuit affirmed a district court's grant of summary judgment in the damages phase of a patent infringement case denying recovery for lost profits. The patentee's wholly-owned subsidiary actually practiced the claimed invention, but the subsidiary paid a standard license royalty to the patentee for use of the invention, […]
Continue Reading →In a decision yesterday, the Federal Circuit affirmed a district court's construction of a patent claim in an infringement case. However, the court vacated the district court's grant of summary judgment of noninfringement and remanded. The Federal Circuit held that a prior interpretation of the claim in a suit against a different alleged infringer required […]
Continue Reading →In a Federal Register notice today, the USPTO has proposed fee increases for its Fiscal Year 2009, which begins October 1, 2008. The increases are based on the projected Consumer Price Index for the period ending September 30, 2008, which is 4%. Comments on the proposed changes are due by July 3, 2008. Click below […]
Continue Reading →In a decision last week, the Tenth Circuit affirmed a district court's grant of summary judgment finding no trademark infringement, no unfair competition, and no cybersquatting. The district court held, and the Tenth Circuit affirmed, that none of the three elements of a trademark infringement action was proven, namely that the mark was not protectable, […]
Continue Reading →In a decision last week, the Fifth Circuit affirmed a district court's conclusion it had subject matter jurisdiction over a trademark case, as well as its grant of a preliminary injunction. While the activities giving rise to the claim of trademark infringement took place in Mexico, they had a "substantial effect" on United States commerce, […]
Continue Reading →In a decision yesterday, the Federal Circuit affirmed a district court's grant of summary judgment of noninfringement and its related finding that the court had declaratory judgment jurisdiction. The court, for the first time since the Supreme Court's MedImmune decision, addressed the second prong of its pre-MedImmune declaratory judgment test. The court held this portion […]
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