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 […]

AIA Provisions Effective September 16, 2012

September 6, 2012 | Intellectual Property News

Certain aspects of the America Invents Act are effective beginning September 16, 2012. The key provisions include: Best Mode. The failure to disclose the best mode will no longer be a basis, in patent validity or infringement proceedings, on which any claim of a patent may be canceled or held invalid or otherwise unenforceable. Technically, […]

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 […]

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 […]

Senate passes patent reform bill

March 8, 2011 | Intellectual Property News

The Senate has passed a patent reform bill that would incorporate several significant changes including a first-to-file system, enlarged post-grant patent review procedures, and many others. Although the bill still faces challenges before being enacted into law, the Senate’s approval in a vote of 95 in favor and 5 opposed suggests a strong likelihood that […]

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 […]