Firm News

Updates in U.S. Patent Law, April 2017

»»Federal Circuit Rules that Patent Holder Cannot Evade Patent Marking Statute with Retroactive Statutory Disclaimer In Rembrandt Wireless Technologies, LP v. Samsung Electronics Co., Ltd., No. 16-1729 (Fed. Cir. 2017), the Federal Circuit determined that a patent holder could not use a retroactive statutory disclaimer to avoid having to fully comply with the patent marking […]

Updates from the Federal Circuit, March 2017

»»Federal Circuit Applies Panduit Factors to Specific Feature In Mentor Graphics Corp. v. EVE-USA, Inc., No. 15-1470 (Fed. Cir. March 16, 2017), the Federal Circuit determined that the Panduit factors could apply to a patented feature that represented only one part of a multi-component product, as well as to a patented product. Under the Panduit […]

Supreme Court Limits Laches Defense

»»In SCA Hygiene Products Aktiebolag et al. v. Quality Baby Products, LLC, et al., No. 15-927, 580 U.S. ___ (2017), the Supreme Court held that the defense of laches is not appropriate when suit is brought within the six year limitations period for patent infringement. Laches is an equitable doctrine used to limit the recoverability of […]

February 2017 Case Highlights

»»Supreme Court Overrules Life Techs v. Promega In Life Technologies Corp. v. Promega Corp., No. 14–1538 (February 22, 2017), the Supreme Court overruled the Federal Circuit’s finding of induced infringement. Writing for a majority of the court, Justice Sotomayor determined that supplying a single component of a multi-component invention from the United States cannot be […]

Supreme Court Says Components Can Be “Articles of Manufacture” For Calculating Total Profits

»»In Samsung Electronics Co., Ltd. v. Apple Inc., 580 U. S. ____ (2016), the Supreme Court reversed a damages award of approximately $399 million that had been granted to Apple by the trial court based on a “Total Profits” theory, and remanded the case to the Federal Circuit for reconsideration under its new standard. In […]

USPTO Announces First Ever Fee Increases Under the AIA

»»On October 3, 2016, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking (NPRM) to set or increase certain patent fees. The goal of this directive is to cover funding shortfalls, or specifically to “recover the estimated costs of the patent operation and USPTO administrative fees that support patent operations.” […]

Federal Trade Commission Releases New Report on PAEs

»»The Federal Trade Commission has released a long-awaited report on “patent assertion entities” (PAEs). As defined by the FTC, a “patent assertion entity” is a company that, as a primary business function, acquires patents from third parties and seeks to generate revenue by asserting them against accused infringers. These firms typically generate revenue by licensing […]

Apple Inc. Patent Revived After Federal Circuit Reverses PTAB Decision

»»On September 19, 2016, the Federal Circuit issued an opinion in In Re: Lemay, in which it reversed the Patent Trial and Appeal Board’s (“PTAB”) denial of Apple Inc.’s patent application directed to a method of streaming online videos to a portable device.  The Federal Circuit’s opinion addresses the topic of claim construction.   BACKGROUND […]

Clarifying 35 U.S.C. § 101 in McRO, Inc. v. Bandai Namco Games America

»»The U.S. Court of Appeals for the Federal Circuit, in McRO, Inc. v. Bandai Namco Games America, reversed the district court’s judgment on the pleadings that the asserted claims of U.S. Patent Nos. 6,307,576 (the ‘576 patent) and 6,611,278 (the ‘278 patent) were directed to patent-ineligible subject matter and therefore invalid under 35 U.S.C. § […]

The Heightened Need for Non-Infringement Opinions After Halo and Stryker

»»The Supreme Court recently decided two cases, Halo Electronics, Inc. v. Pulse Electronics, Inc., et al. and Stryker Corporation, et al. v. Zimmer, Inc., et al., dealing with the standard that courts must use when determining whether or not to award enhanced damages to a patent plaintiff. As an enhanced damage award can often be […]