Posts in IPWatchdog Articles
Section 101 Motions to Dismiss Still Alive in District Courts
In Berkheimer and Aatrix, the Federal Circuit indicated that although patent eligibility under Section 101 is ultimately a question of law, the determination may have factual underpinnings that, …
Fitness Anywhere win Enhanced Damages and Permanent Injunction as Infringement Continued Post Verdict
The order granted post-trial motions filed by Fitness Anywhere both for enhanced damages on the patent infringement findings as well as a permanent injunction against WOSS. Although …
Industry Reaction to Helsinn Healthcare v. Teva Pharmaceuticals Oral Arguments
On Tuesday, December 4th, oral arguments were held before the U.S. Supreme Court in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA. The nation’s highest …
Proceed with Caution When Acquiring a Licensor’s Patents
All too often, the prospective licensee/purported infringer usually doesn’t begin its efforts to acquire the patent(s) until after making disparaging statements about them during …
Celebrating Innovation: IP Laws Encourage Innovation and Entrepreneurship
Without intellectual property protections it makes it impossible for an innovator to compete, raise money, and succeed in business. That was a story told by Joe Kiani, …
Congress Initially Rebuffs SCOTUS Dominance of Patent Law, But Not for Long
The chaos created by this forum shopping was exacerbated by differing views of what in these rulings by SCOTUS was holding, and what was simply dicta. Together …
Federal Circuit Affirms $140M Reasonable Royalty for Sprint in Nonprecedential Decision
The Federal Circuit upheld the district court’s damages award of approximately $140 million for Sprint after Time Warner was found to infringe claims of five patents covering …
The Administration’s Draft ROI Report: A Promising Roadmap for Accelerating Tech Transfer
After months of anticipation, the just released draft paper Return on Investment Initiative to Advance the President's Management Agenda: Unleashing American Innovation signals that the Administration is …
ITC Misapplied Res Judicata, Can Modify Penalty After Asserted Patent Claims Found Invalid
The Federal Circuit panel of Chief Judge Sharon Prost and Circuit Judges Jimmie Reyna and Kimberly Moore determined that the ITC erred in applying res judicata to …
Christmas Gifts for Patent Attorneys and Inventors
It is hard to believe, but Christmas is just around the corner — only two weeks away. For those looking for the perfect gifts for the nerd in …
Why is SCOTUS Creating a Federal Common Law of Patents?
What makes SCOTUS’s assertions in patent law jurisprudence that there are these “exceptions” or additional “requirements” particularly annoying to many of us in the patent bar …
Capitol Hill Roundup
This week on Capitol Hill, the House of Representatives will host almost every hearing that will relate to technology and innovation, including three hearings originally scheduled for …
Supreme Court Hears Helsinn v. Teva: Does On-Sale Bar Capture Secret Sales
On the morning of Tuesday, December 4th, the U.S. Supreme Court held oral arguments in the case of Helsinn Healthcare S.A. v. Teva Pharmaceutical USA (…
FTC v. Qualcomm: Court Requires Licensing of Standard Essential Patents to Competitors
The Qualcomm decision is unique in that it appears to be the first decision to require a SEP holder to license its patented technology to its competitors, …
Why do you want a Patent?
Obtaining a patent can be the best business move you could ever make. On other hand, it may wind up costing you time, energy and a lot …
