Supreme Court to Consider Awards to Successful Patent Defendants

October 2, 2013 | Intellectual Property News

The patent statutes allow the award of attorneys’ fees in a patent infringement lawsuit to the prevailing party—plaintiff or defendant—in exceptional cases. The Federal Circuit Court of Appeals has long held that a prevailing accused infringer must prove the plaintiff’s position was objectively unreasonable and that it was subjectively (that is, knowingly) asserted in bad […]

Federal Circuit to Reconsider Internet Process Patents

May 25, 2012 | Intellectual Property News

On May 21, 2012, the Supreme Court ordered the Federal Circuit to reconsider a decision related to a method for allowing Internet users to view copyrighted material for free in exchange for watching advertisements. At stake is whether a process of this sort can be patented at all, even if it is new and not […]

America Invents Act Signed by Obama

September 16, 2011 | Intellectual Property News

The key features of the Leahy-Smith America Invents Act (H.R. 1249) are summarized below. Note that the law is very detailed and technical, with a variety of exceptions and specific dates of implementation. The application of the following rules to any particular situation may vary. Likewise, the bill is unusually lengthy and therefore the summary […]

Supreme Court to Review Induced Infringement

November 2, 2010 | Intellectual Property News

After many years of confusion, the Supreme Court has agreed to review a lawsuit addressing the standard of intent required for inducement of infringement. This pivotal case may resolve once and for all whether a party must intend to infringe a patent in order to be liable, or whether it is sufficient to be aware […]

Resale of Software Not Insulated By First Sale Doctrine

September 10, 2010 | Intellectual Property News

In a closely-watched case, the Ninth Circuit Court of Appeals has ruled that the resale of software may not be insulated by the first sale doctrine. The case involved the sale of AutoCAD software that was originally sold by Autodesk, Inc. to one of its direct customers. That customer sold fourteen used copies of AutoCAD […]

Supreme Court Upholds Patentability of Software and Business Methods

June 28, 2010 | Intellectual Property News

In Bilski v. Kappos, an inventor had filed a patent application for a process of buying a commodity at a low price under a periodic contract and selling it at a higher price. Setting aside the question of whether the claimed invention was even remotely new, the Patent Office rejected it because it was not […]

Court of Appeals Reins in False Marking Litigation

June 10, 2010 | Intellectual Property News

For more than a century, the patent statutes have made it illegal to include a patent number on a product that is not actually covered by the patent. 28 U.S.C. 292 provides that the use of a patent number, or the words “patented” or something similar, on a product or in advertising for the product, […]

False patent marking requires greater attention

February 5, 2010 | Intellectual Property News

For more than a century, the patent statutes have made it illegal to include a patent number on a product that is not actually covered by the patent. 28 U.S.C. 292 provides that the use of a patent number, or the words “patented” or something similar, on a product or in advertising for the product, […]

Court of Appeals alters test for design patent infringement

October 1, 2008 | Intellectual Property News

The test for design patent infringement has been well understood to include certain discrete steps. First, the court must determine the “points of novelty” of the patented design. Because a design patent often includes a mix of elements that are new and old, functional and aesthetic, the court has been required to separate the new […]