Posts Tagged: Patent Act


Proving A Patent Invalid: The Burden is on the Challenger

When an individual or company challenges the validity of a patent, “the burden of establishing invalidity of a patent or any claim thereof shall rest on the …
By Daniel Vojcak
3 months ago 1

Design Patent Owners Find Optimism in Columbia Sportswear Jury Verdict

The first design patent case to go to trial since Apple v. Samsung has given design patent owners hope that a 'total profit' award is still achievable... …
By Nika Aldrich
3 months ago 0

When all else fails, consult the statute!

Specifically, the petition presents the question: is patent ineligibility under 35 U.S.C. § 101, which Congress did not codify in 35 U.S.C. § 282(b), not a cognizable defense …
By Lewis Hudnell
3 months ago 4

The Impact of Bad Patents on American Businesses

What is a bad patent? Congress has established the requirements for obtaining a patent. The patent office grants a patent to applicants when they meet those requirements. …
By Josh Malone
4 months ago 10

Pity the Patients if Exclusive Licensing is Undermined

We've learned from experience that just because a theory's off base doesn't mean it won't take root, particularly when it involves patents and medicine. "No Vaccines Before …
By Joseph Allen
4 months ago 1

For A Trial Court Peering Through The Looking Glass, Everything Appears Abstract

Many district courts have interpreted Alice as authorizing invalidation of issued patents as “abstract” based solely on the pleadings. They have done so even where the invalidation …
By Meredith Addy
4 months ago 5

CAFC says Attorney’s Fees are an Equitable Remedy Not Subject to Right to a Jury Trial

Avid sought fees as a prevailing party under § 285, and therefore the attorney’s fees in this action were properly characterized as an equitable remedy, properly decided by …

Octane Standard for Attorney’s Fees Applies to Lanham Act and Patent Act Cases

In mag Fasteners, Inc. v. Fossil, Inc., Romag sued Fossil for patent and trademark infringement and a violation of the Connecticut Unfair Trade Practices Act (“CUTPA”) after …

Patent ‘gold rush’ to blame for patent sharks, patent trolls

Patent trolls – as well as calls for changes to the law to prevent them – date back to at least the 1800’s. A look at their history suggests …
By Neel Chatterjee
7 months ago 20

Revising Section 101 of the Patent Act: What’s at Stake?

These revisions favor patent owners, according to Palmer, but not everyone is supportive. For instance, Bilski, Mayo, Myriad, and Alice have given several accused infringers an additional …
By Amanda G. Ciccatelli
7 months ago 23

PTAB Appellants Must Pay USPTO’s Attorneys’ Fees Regardless of Outcome of Appeal

In Nantkwest v. Matal, the Federal Circuit reversed the Eastern District of Virginia’s denial of the USPTO’s request for attorneys’ fees in connection with Nantkwest’…

End of Laches Might Increase Declaratory Judgment Actions

Without laches, accused infringers might more frequently invoke declaratory judgment to clear their products and services upfront rather than tolerate a looming threat of suit for years.... …
By Ryan Cook & Seth Heller
8 months ago 1

Supreme Court Eliminates Key Defense in Many Patent Infringement Suits

In a strong reversal of the Federal Circuit, the US Supreme Court held in SCA Hygiene Products Aktiebolag v First Quality Baby Products, LLC, No. 15-927 (March 21, 2017), …
By Rob Kramer & Joel Bock
11 months ago 0

§ 101 Rejections in the Post-Alice Era

The § 101 rejection rate for patent applications in the e-commerce work groups approaches 100%, then drops precipitously for the remaining seven of the top ten work groups with the …
By James Cosgrove
12 months ago 3

Changed Standard for Design Patent Damages Means More Design Patents Necessary

For patent holders in design patent infringement cases, having multiple component design patents for any given product will help maximize the potential damage award. A multiple design …
By Matt Scyoc & Gene Quinn
1 year ago 0