Posts Tagged: Patent Litigation


Discretion Beats Out Bright Line Test for Enhanced Patent Damages: Halo v. Pulse

In last week’s Halo Elecs. v. Pulse Elecs. decision, the Supreme Court unanimously rejected the Federal Circuit’s Seagate standard for awarding enhanced damages in patent …
By Kara R. Fussner
2 days ago 1

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
10 days ago 12

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
12 days ago 4

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
13 days ago 0

A Brief History of Laches in Patent Law

The equitable doctrine of laches has existed in the United States court system since the founding of this country, originating from the English Courts of Equity. Laches …
By Audrey Ogurchak
18 days ago 2

Supreme Court to Weigh in on Damages for Design Patent Infringement

Recent decisions from the U.S. Court of Appeals for the Federal Circuit regarding damages available in design patent cases highlight the court’s divergence from its …

How Congress can ensure the patent system protects inventors and entrepreneurs

Congress can, and should, take at least four steps in restoring the health and vitality of our patent system: First, Congress should ensure that the patent grant …
By Brian O’Shaughnessy
1 month ago 3

Patents For Self-referential Computer Database Are Not Categorically Unpatentable as Abstract

Where the claims are directed to an improvement to computer functionality, they are not abstract under the first step of Alice, and thus no step-two analysis is …

Defeating Patent Trolls with Failure to Mark

Many defendants to patent troll suits have never heard of the patent owner or its patent(s), and will have never received notice of infringement until service …
By Damian R LaPlaca
1 month ago 14

Groupon lawsuit calls IBM “a relic” but IBM R&D invests more than Groupon’s total revenues

Groupon’s complaint and spokespersons have been widely reported that labels IBM as a “dial-up dinosaur” and “a relic of once-great 20th Century technology firms” that is …
By Steve Brachmann
1 month ago 8

CAFC Vacates Judgment on Pleadings in Light of Revised Standard for Divided Infringement

The Court vacated the judgment against Mankes and remanded the case for further consideration. Because the law was in a state of flux, the Plaintiff pled facts …

‘Science’ publishes biased patent trolling article, regurgitating Harvard patent hatred

Pre-litigation review of cases to weed out instances of patent trolling sounds like a great idea, but what more weeding out do the authors want? Since the …
By Gene Quinn & Steve Brachmann
2 months ago 23

What Can We Learn from the FTC’s Patent Assertion Entity Study?

It’s very unlikely that obtaining data from just 25 PAEs will provide a representative sampling of PAEs given that the universe of PAEs is largely unknown and …
By Dr. Fritz Scheuren
2 months ago 3

IP litigation report shows downward trends in patent, file sharing copyright and IPR cases

One aspect of the recent Lex Machina report that should jump out to anyone who has closely followed the patent litigation sector over the past few years …
By Steve Brachmann
2 months ago 1

District court must consider whether functional elements contributed to ornamentation of design

The Court held that the district court must review the design disclosed in the patent as a whole, and consider whether functional elements contributed to the ornamentation …