Posts Tagged: patent infringement


Federal Circuit Vacates and Remands District Court’s Infringement and Willfulness Findings in Omega Patents v. CalAmp

On April 8, the Court of Appeals for the Federal Circuit issued a precedential decision in Omega Patents, LLC v. CalAmp Corp. that reversed and vacated a district …
By Steve Brachmann
10 days ago 1

Strategies for Preparing Infringement and Validity Opinions

A company must be strategic in any business decision it makes in order to ensure that it takes the necessary measures to avoid liability for its actions. …
By Matthew Epstein
12 days ago 5

Startups with Patents are the Ultimate Anti-Monopoly

Patents are often referred to as monopolies. But that is a fundamental misunderstanding of how patents work to enhance competition. The truth is that a patent is …
By Paul Morinville
16 days ago 22

Latest CAFC Ruling in Cleveland Clinic Case Confirms That USPTO’s 101 Guidance Holds Little Weight

On Monday, April 1, the Court of Appeals for the Federal Circuit issued a decision in Cleveland Clinic Foundation v. True Health Diagnostics affirming the invalidity of patents …
By Steve Brachmann
18 days ago 6

Judge Paul Michel: Look to Congress, Not Courts, to Fix the U.S. Patent System

During a break at IPWatchdog’s recent Patent Masters™ Symposium, former Federal Circuit Chief Judge Paul Michel went on record to express his grave concerns about the …
By Eileen McDermott
21 days ago 19

CAFC: Claim Construction That Misreads Plain Language of Claims and Specification Is Clearly Erroneous

The Federal Circuit recently vacated a district court decision which found a patent for the antipsychotic drug “Saphris,” belonging to Forest Laboratories (Forest), valid as nonobvious, but …

Inequitable Conduct and Unclean Hands: Is There a Difference and Does it Matter?

Inequitable conduct remains the most powerful defense to patent infringement. In contrast to other defenses to patent infringement that require a claim-by-claim analysis, the defense of inequitable …
By Robert Levy
22 days ago 2

Request for Amici: Tell the Supreme Court to Clarify Section 101

On March 8, Foster Pepper filed a petition for certiorari with the Supreme Court, case number 18-1199, challenging the Federal Circuit’s emerging “physical realm” test as part …
By Bill Abrams & Rich Black
23 days ago 13

Recent Cases Show Federal Circuit Is Concerned About ‘Over Abstracting’ Rejections of Method/ Process Patents

In one of its latest opinions attempting to parse precedent on the subject matter eligibility of software, method of use, and business method patents that arguably involve …
By Dr. Dariush Adli
23 days ago 1

‘Bad Patents’ Are Just Another Big Tech False Narrative

Over the last 15 years, Congress, the courts and the USPTO have gutted the patent system. Fortunately, USPTO Director Andrei Iancu has been taking important steps to reverse …
By Paul Morinville
27 days ago 26

America’s Patent System Favors the Few and Inhibits Innovation—But Change Could Be Coming

There is little doubt that the way intellectual property is viewed and protected has transformed over the last 12 years, at least in the eyes of those who …
By Gene Quinn
28 days ago 17

Patent Masters’ Warning: U.S. Patents Are Weak, Innovation Is Going Overseas

IPWatchdog’s most recent Patent Masters™ Symposium, held Monday and Tuesday March 25-26 in Washington, D.C., examined the state of the U.S. patent system and …
By Eileen McDermott
29 days ago 7

Other Barks & Bites for Friday, March 22: Vanda Action at Supreme Court, Apple Has to Pay, and Senators Express Concerns Over Fourth Estate

This week in Other Barks & Bites: the Supreme Court asks for the U.S. Solicitor General’s view on whether patents that claim a method of medically …
By IPWatchdog
1 month ago 0

A New Paradigm for Risk Management in Increasingly Intangible Economies

The business world has fundamentally changed, but most business people seem not to have noticed. Intangible assets and investments are increasingly dominating the leading economies. The world’…
By Jason Sandler
1 month ago 2

Apple is Afraid of Inventors, Not Patent Trolls

Apple made headlines with its recent decision to close its stores in Frisco and my home town of Plano, Texas. The rumor is that Apple was afraid …
By Josh Malone
1 month ago 25