Posts in Patents


Apple Removes ‘Minor Functionality’ from iPhone in Response to Chinese Injunction

On December 10, 2018, a Chinese court granted Qualcomm an injunction against Apple that stops sales and imports of most iPhones in China.  On December 12, Apple announced that as …

Ribbon Communications Decries ‘Baseless Attacks’ on IP Rights After Metaswitch Networks Files Antitrust Suit

Secure cloud communications provider Ribbon Communications announced it would continue to enforce its intellectual property rights in the face of what it called “baseless attacks” by its …
By Steve Brachmann
1 day ago 0

2018 HoF Inductee Jacqueline Quinn Invents EZVI Environmental Remediation Technology to Cleanup Groundwater Contaminants

Clean sources of groundwater are incredibly important to the general population of the United States. More than 50 percent of the U.S. population relies on groundwater sources …
By Steve Brachmann
2 days ago 1

Patent Pending: The Road to Obtaining a U.S. Patent

The term patent pending is a well recognized term of art that many inventors rightfully covet. It subtly, and very directly, conveys great meaning. It means that …
By Gene Quinn
3 days ago 2

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, …
By Ana Friedman
4 days ago 4

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 …
By Steve Brachmann
4 days ago 1

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 …
By Robert Levy
5 days ago 1

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, …
By Gene Quinn
6 days ago 3

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 …
By Eric Guttag
6 days ago 10

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 …
By Steve Brachmann
6 days ago 1

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 …
By Steve Brachmann
7 days ago 0

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 …
By Eric Guttag
8 days ago 74

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 (…
By Steve Brachmann
9 days ago 2

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, …

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