Trial Court Claim Interpretation Given No Deference On Appeal

March 2, 2014 | Intellectual Property News

In a recent decision, the Federal Circuit Court of Appeals reconfirmed that decisions of a trial court interpreting the meaning of terms used in patent claims are not given deference on appeal. Instead, the court of appeals reviews patent claim interpretations de novo, and need not give the trial court decisions any weight. In Markman […]

Court of Appeals to Address Standard of Review for Claim Interpretation

March 18, 2013 | Intellectual Property News

For nearly twenty years, the federal courts have addressed the interpretation of the claims in a patent as a question of law, rather than a question of fact. This standard has meant that the court of appeals owed no deference to the findings of the trial courts on matters of claim interpretation, and the lack […]

Court of Appeals Urges Professionalism in Persuasion

January 25, 2013 | Intellectual Property News

In a recent decision, the Federal Circuit Court of Appeals criticized the parties involved for the use of excessive hyperbole in their written submissions to the court, urging instead that counsel should offer a straightforward recital of the facts without the use of such shrill language. Clients sometimes believe that their attorneys should be “aggressive” […]

Federal Circuit Invalidates Soverain eCommerce Patents

January 24, 2013 | Intellectual Property News

In a decision this week, the Federal Circuit Court of Appeals invalidated a group of patents held by Soverain Software LLC and asserted against many companies for practicing electronic commerce, including use of a shopping cart model for sales transactions. Soverain Software sued many online retailers for infringement of several patents that include claims for […]

Court of Appeals Upholds Amendment to False Marking Statute

January 9, 2013 | Intellectual Property News

In the America Invents Act, Congress amended the false marking statute to remove the “qui tam” provision allowing any member of the public to file a complaint based on false patent marking. In a recent ruling, the court of appeals held that the amendment was constitutional. The false marking statue generally provides that products bearing […]

Court Clarifies Liability for Induced Infringement

September 11, 2012 | Intellectual Property News

The Court of Appeals for the Federal Circuit recently addressed whether a party may be liable for patent infringement when two different parties combine to perform the acts necessary for patent infringement, but where neither party separately performs all of the steps required to infringe a patent. As the Court explained, the problem of divided […]

Court Approves e-book Antitrust Settlement

September 7, 2012 | Intellectual Property News

The Southern District of New York has approved a settlement among electronic book publishers and distributors to resolve an antitrust dispute that may result in lower e-book prices. The Justice Department filed the case earlier this year, complaining that several book publishers had colluded with Apple to inflate the price of electronic books. Before the […]

Federal Circuit Rules Settlement Agreements Not Privileged

June 1, 2012 | Intellectual Property News

In many cases, litigation plaintiffs seek to enter into settlements with other parties, often assuming that those agreements can be maintained in confidence and not disclosed to subsequent defendants during the course of a litigation. The Federal Circuit has recently held that this is not the case. In an appeal involving MSTG, Inc. in a […]

BLG Prevails in Trade Dress and Patent Dispute

July 23, 2010 | Intellectual Property News

BLG, now Lowe Graham Jones, achieved a victory on summary judgment for its client Star Asia USA in a lawsuit filed by Great Neck Saw Manufacturers. In the lawsuit, Great Neck asserted that Star Asia’s folding utility knives sold under the Titan trademark infringed trade dress and patent rights held by Great Neck, in accordance […]

BLG prevails in Eighth Circuit appeal; contract ruled to require arbitration of patent claims

August 27, 2009 | Intellectual Property News

BLG attorneys achieved an order requiring a plaintiff in a patent infringement action to assert its claims in arbitration against BLG client Costco. In this action, filed in federal court in St. Louis, the plaintiff asserted claims for design patent infringement and trade dress infringement. We argued that because the plaintiff was a former vendor […]