Posts Archive


The Supreme Court should follow their own Halo advice in §101 patent eligibility decisions

Essentially, the Supreme Court told the Federal Circuit that they needed remedial reading lessons. The statute is clear: “may” means district courts have discretion. The Supreme Court …
By Gene Quinn
1 month ago 16

Has the Supreme Court Breathed New Life into Patent Trolls in Halo and Stryker?

The chance of a court tripling damages for patent infringement has significantly increased. The Supreme Court, Halo Electronics, Inc. v. Pulse Electronics, Inc., et al. and Stryker …
By Chase Means
1 month ago 12

UN Access to Medicines Panel Undermines Bayh-Dole 

We cannot know what biological killer will next emerge, when it will be born and where globalization’s winds will take it. But we do know that …
By Chris Gallagher
1 month ago 1

FCC spectrum auction gets underway, seeks to clear 126 MHz for wireless mobile development

The incentive auction being conducted by the FCC is a two-part process. First, at the end of May, the agency began conducting a reverse auction which sought 126 …
By Steve Brachmann
1 month ago 1

Legislating from the Bench: Overusing §101 for sake of expediency

Unfortunately, §102, §103, and §112 issues can and do get wrapped into the court’s §101 reasoning, thus resulting in opinions with no differentiation. In the end, courts are forcing a …
By Gene Quinn & Audrey Ogurchak
1 month ago 1

Caltech’s infringement lawsuit against Apple, Broadcom is latest in university patent suit trend

According to multiple reports, the Caltech patents-in-suit are incorporated into both the 802.11n and 802.11ac wireless connectivity standards, which are used by Apple products to communicate digital …

The Renewed Standard for Awarding Enhanced Patent Damages

Today, the U.S. Supreme Court issued an opinion with large ramifications for patent holders and potential infringers alike. Deciding the consolidated cases of Halo Electronics, Inc. …
By Kenneth Levitt & Erik Nyre
1 month ago 1

In Halo Electronics SCOTUS gives district courts discretion to award triple damages for willful infringement

Earlier today, in a unanimous decision delivered by Chief Justice John Roberts in Halo Electronics, Inc. v. Pulse Electronics, Inc., the United States Supreme Court did what …
By Gene Quinn
1 month ago 4

Strength of IBM’s Watson Health seen in Bausch & Lomb iOS app for cataract surgeries

IBM has been wading further into the medical fields over the past few years thanks to the strength of its cognitive computing division, especially the rise of …
By Steve Brachmann
1 month ago 1

Recent Changes in Insurance Policy Forms Leaving Companies Exposed to Risk of Copyright Claims

There has been a recent trend by insurance companies to change their policy forms and use language that provides substantially less coverage for these kinds of claims. …
By Joseph G. Balice
1 month ago 0

Widerman Malek Seeks Associate Patent Attorney in Melbourne FL

The successful candidate will have a B.S. in Engineering from an accredited university, as well as a J.D. from an accredited law school, admission to …

Will Supreme Court grant cert in Medinol v. Cordis on the question of laches in patent litigation?

As the Supreme Court prepares to hear arguments for SCA Hygiene Products v. First Quality during the October 2016 term, another laches case, Medinol Ltd. v. Cordis Corp., …
By Audrey Ogurchak
1 month ago 0

Congressional Action Required: Post-Expiration Patent Royalties

Though much of today’s proposed patent legislation is controversial, removal of the Brulotte rule remains largely uncontested by analysts and has historically garnered support on both …
By Leslie Ware & Jaden Warren
1 month ago 6

5 Steps Law Firms Should Take to Protect their Sensitive Data

It has become more apparent in recent years that cybercriminals looking to profit from sensitive data are zoning in on law firms and their wealth of client …
By Mark Stevens
1 month ago 0

An Introduction to Patent Claims

The examination you receive from the patent examiner is never going to be any better than the patent claims you provide. If you provide preposterously broad patent …
By Gene Quinn
1 month ago 3