The Court of Appeals for the Federal Circuit vacated and remanded the lower court decision for a new trial on indirect infringement, compensatory damages, willful infringement, enhanced damages, and attorney's fees, and affirmed no invalidity, and reversed in part direct … [Read more...] about Multiple Patents Require Multiple Jury Answers To Support Finding of Willfulness
U.S. Congressional leaders Senators Thom Tillis (R-NC) and Chris Coons (D-DE), Chair and Ranking Member of the Senate Judiciary Subcommittee on Intellectual Property, Representative Doug Collins (R-GA), Ranking Member of the House Judiciary Committee, Representative Hank Johnson … [Read more...] about Congressional Leaders Release a Bipartisan, Bicameral Draft Bill on Patent Eligible Subject Matter, Section 101 of the Patent Act.
The U.S. Supreme Court held the America Invents Act (AIA) did not alter the meaning of the on-sale bar. The reenactment of the phrase “on sale” in the AIA did not alter the original meaning. A commercial sale to a third person who is required to keep the invention confidential … [Read more...] about Supreme Courts holds AIA does not alter meaning of on-sale bar
In this Court of Appeals for the Federal Circuit case (the Federal Circuit), the Court affirmed a jury’s decision as to the ordinary meaning of the patent claim language (heat exchanging interfaces claimed to be removably attached or removably coupled to reservoirs) when the … [Read more...] about Ordinary Language in Patent Claims Properly Understood by Jury Finding Infringement
The Supreme Court recently ruled that to obtain an award of treble damages in patent litigation, the Patent Act, 35 U.S. C. §284, requires that the trial court determine the knowledge of the actor at the time of infringement in order to determine assessment of attorneys fees and … [Read more...] about Supreme Court Makes it Easier to Obtain Treble Damages in Patent Cases
Appeals Court reverses the USPTO Patent Trial and Appeals Board (PTAB) and holds that a Patent Examiner had correctly found that a combination of two sensors and a controller to prevent a shredder’s paper jam was an “obvious” and hence not patentable and further that the Examiner … [Read more...] about Sensor and Controller Combination Declared (Prima Facie) Obviously Not Patentable
The Court of Appeals for the Federal Circuit (the patent appeals court) has re-invigorated the claim element vitiation theory by stating that a claim element or limitation is vitiated when there is no equivalent to the claim element in the accused device based upon the … [Read more...] about Patent Claim Element Vitiated – No Infringement Under DOE
The Court of Appeals for the Federal Circuit, which handles patent appeals from the USPTO, has held that a database of digital art, applets and script is not “printed matter” because the patentee did not claim the communicative content and further confirmed that, to impact … [Read more...] about Printed Matter, Building Websites and Patents Need Functional Relationships
The Supreme Court for the Commonwealth of Massachusetts defined the parameters of subject matter conflict of interest for technology law firms handling to patents for two different clients. Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Case No. SJC-11800 … [Read more...] about Is it Malpractice Having Competing Patent Clients?
The U.S. Supreme Court, in Octane Fitness LLC. v. Icon Health & Fitness Inc., case no. 12-1184 (Apr. 29, 2014) (available here), overturned a decade of Federal Circuit law by redefining when a case is exceptional under the Patent Act. A prevailing party in patent litigation … [Read more...] about Supreme Court Lowers Bar For Prevailing Party In Patent Litigation To Collect Attorneys Fees