| 12/23/2008 |
Intellectual Property Bulletin Winter 2008/2009 |
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| Personalized medicine companies should implement new strategies to deal with the challenges associated with protecting their inventions...more |
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| 10/31/2008 |
Patent Alert: Federal Circuit en banc Clarifies the Test for Determining When Processes are Patentable |
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| In a long-awaited decision, on October 30, 2008, the Federal Circuit en banc decided In re Bilski, clarifying the test for determining whether a process patent claim qualifies as patentable subject matter under Section 101 of the U.S. Patent Act. more |
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| 10/17/2008 |
Intellectual Property Bulletin Fall 2008 |
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| In Fisher Tool Co., v. Gillet Outillage, 530 F.3d 1063 (9th Cir. 2008), the Ninth Circuit adopted the Federal Circuit's standard requiring a showing of bad faith in order to maintain Lanham Act and state law claims premised on allegedly false representations of patent infringement made by a patentee, its distributors, agents and/or attorneys to third parties...more |
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| 3/27/2008 |
Federal Circuit to Re-Assess Standards for Patent-Eligible Subject Matter |
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| The subject matter requirement prescribed in 35 U.S.C. section 101 has lately been back on the Federal Circuit Court's radar. more |
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| 1/17/2008 |
Patent Law Year in Review: With The Close Of An Active 2007, What Does 2008 Hold? |
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| Supreme Court Leaves Its Mark in 2007; Federal Circuit Weighs in on Patent Licensing; What’s Coming up in 2008; Patent Reform and Rule Changes; Reconsidering What Is Patentable Subject Matter; Reexamination Trends; Ethics Issues in Patent Law more |
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| 8/21/2007 |
Litigation Alert: In re Seagate Technology, LLC—Willful Infringement and the Scope of Waiver of the Attorney-Client Privilege and Work Product Doctrine |
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| On August 20, 2007, the Federal Circuit, sitting en banc, articulated a new standard for willful infringement: patentees must show at least objective recklessness. more |
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| 7/31/2007 |
Injunctions After eBay v. MercExchange |
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| More than a year has passed since the U.S. Supreme Court's decision in eBay, Inc. v. MercExchange, LLC, 126 S. Ct. 1837 (2006). more |
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| 7/5/2007 |
Litigation Alert:
Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd. (Festo XIII) - Prosecution History Estoppel and the Foreseeability of Equivalents |
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| On July 5, the Federal Circuit issued the latest in a line of decisions addressing the scope of prosecution history estoppel and its limits on the doctrine of equivalents, this time addressing whether an equivalent is foreseeable and thus subject to surrender. more |
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| 5/1/2007 |
Litigation Alert - Microsoft Corp. v. AT&T Corp. — The Supreme Court Limits the Extraterritorial Effect of 35 U.S.C. § 271(f) |
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| On April 30, the Supreme Court issued an important decision affecting liability for patent infringement for computer software developed in the United States and distributed abroad. more |
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| 5/1/2007 |
Litigation Alert - KSR International Co. v. Teleflex Inc.—Ordinary Innovation is Obvious |
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| On April 30, the Supreme Court in KSR International v. Teleflex, announced that "the results of ordinary innovation are not the subject of exclusive rights under the patent laws." more |
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| 4/17/2007 |
Legal FAQ: Introduction to Patent Litigation |
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| The U.S. Patent and Trademark Office grants a patent. Contrary to popular belief, a patent does not give its holder the right to practice the invention, but the right to preclude others from practicing it. more |
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| 4/17/2007 |
Legal FAQ: Introduction to Patent Law |
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| A patent is a legal right to exclude others from practicing the patented invention for a limited period of time in exchange for disclosing the details of the invention to the public. more |
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| 1/10/2007 |
Litigation Alert - Supreme Court Knocks Down Federal Circuit Rule and Allows Licensees to Challenge a Licensed Patent |
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| Yesterday, the Supreme Court ruled in MedImmune v. Genentech that a patent licensee does not need to breach its license agreement before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed. more |
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| 7/11/2006 |
Litigation Alert - LG Electronics, Inc. v. Bizcom Electronics, Inc. |
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| On July 7, 2006, the Federal Circuit ruled in the case of LG Electronics, Inc. v. Bizcom Electronics, Inc., Civ. 05-1261, that a license agreement that disclaimed an implied license may also establish a conditional sale, thus defeating the application of patent exhaustion. more |
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| 6/23/2006 |
Litigation Alert - Supreme Court Dismisses LabCorp Appeal |
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| The U.S. Supreme Court yesterday opted to dismiss a case having potentially broad implications for the question of what constitutes patentable subject matter. more |
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| 5/17/2006 |
Going to the Videotape: An Introduction to the Patent System |
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| Patentees enter every jury trial with one distinct advantage: an official, ribboned copy of the patent at issue in the case.
This trial exhibit comes embossed with the seal of the Patent and Trademark Office and signed by the director of that office. more |
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| 5/15/2006 |
Litigation Alert - eBay v. MercExchange: Supreme Court Clarifies Test for Permanent Injunction in Patent Cases |
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| A decision today by the United States Supreme Court is likely to impact the dynamic in many patent litigation lawsuits brought by companies that purchase patents in order to sue other companies for infringing them. more |
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| 3/6/2006 |
Antitrust Update - Supreme Court Eliminates Presumption of Market Power in Patent Tying Cases |
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| On March 1, 2006, the Supreme Court issued its decision in Illinois Tool Works, Inc. v. Independent Ink, which considered the long-standing presumption of market power in patent tying cases. more |
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| 1/23/2006 |
eBay v. MercExchange - Supreme Court to Reconsider Injunction Remedy in Patent Cases |
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| The U.S. Supreme Court will soon reconsider the long-lived standards for granting permanent injunctions in patent infringement cases in eBay Inc. v. MercExchange L.L.C., 401 F.3d 1323 (Fed. Cir. 2005). more |
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| 1/19/2006 |
Patent Law Developments: 2006 |
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| The Year Past and the Year Ahead more |
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| 10/17/2005 |
Patent Litigation |
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| This booklet is designed for those who wish to enforce their patents or who are accused of infringing another's patent. It provides an outline of patent law in the United States, and an overview of the procedure of patent cases. more |
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| 9/20/2005 |
Extraterritorial Expansion of U.S. Patent Law |
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| With the advent of the global economy, the design,
manufacturing, marketing, and sales activities of businesses are being performed increasingly overseas.
Naturally, the owners of U.S. patents are increasingly attempting to enforce their U.S. patents against
activities carried out at least in part, if not entirely, outside the U.S. more
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| 7/19/2005 |
Patent Infringement Under Section 271(f) and the Exportation of Software—Living in a Material World |
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| On July 13, 2005, the U.S. Court of Appeals for the Federal Circuit issued an opinion regarding whether the exportation of software code from the United States for distribution and use in foreign markets constitutes an infringement under U.S. patent law. more |
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| 7/13/2005 |
Phillips v. AWH Corporation—Revisiting the Rules of Claim Construction: Still No Magic Formula |
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| Overview / Commentary / Authors of the Opinion / Summary of the Opinion / Dissents more |
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