Features
Tony Mauro
The U.S. Supreme Court unanimously ruled in favor of Samsung Electronics on Dec. 6 in its titanic patent dispute with Apple Inc. over design features copied from Apple iPhones.
Features
Joshua D. Curry
&
Kate E. Hart
The Federal Circuit's <i>en banc</i> decision in <i>Williamson v. Citrix Online</i> expanded the potential application of 35 U.S.C. §112, ¶6, making it more likely that functional claim language will be construed as a means-plus-function limitation even in the absence of the word "means." This article discusses recent decisions applying <i>Williamson</i> and provides practical insights and strategies for patent owners and accused infringers to consider when addressing the expanded application of §112, ¶6.
Features
Donald Heckenberg
When the Patent Trial and Appeal Board (PTAB) decides to institute a post-grant proceeding, the subject patent is in jeopardy.
Features
Nam Kim
As important as software and business method inventions are in the new digital economy, it is often unclear whether they can be patented. This uncertainty is largely due to a legal rule that “abstract ideas” are not eligible for patent protection, which is based on a long line of U.S. Supreme Court cases, with <i>Alice Corporation v. CLS Bank</i> being the most recent and influential.
Features
Ricci Dipshan
Though cybertheft of intellectual property is predicted to dramatically increase over the next 12 months, a significant portion of companies has yet to fully secure their IP assets, according to a survey released by Deloitte Cyber Risk Services.
Columns & Departments
Jeff Ginsberg
&
George Soussou
Fed. Cir.: Patent Application Provided Sufficient Written Description to Provide Priority Date<br>Fed Cir: Patent Trial Appeals Board's Decision on Assignor Estoppel is Not Reviewable<br>Fed. Cir.: Automatic Method for Lip Synchronization and Facial Expressions of Animated Characters is Patentable Subject Matter
Features
Scott Graham
With four IP cases on the docket and several more knocking at the door of certiorari, the U.S. Supreme Court is poised for a banner year of patent, trademark and copyright decisions.
Features
Howard J. Shire
&
Jessica Cohen Nowak
Federal Circuit: Actual Controversy Existed When Patent Owner Did Not Know Existence of Specific Products<br>Federal Circuit Upholds Prosecution Estoppel Determination<br>
Peter Stamatis
&
Steven Shonder
A strong trademark can be a company's most significant asset. Infringement, however, can strip the trademark of its value by causing "confusion among consumers" as to the identity and origin of the client's product.
Features
Matthew Chivvis
It is common in patent cases for the patentee to ascribe "plain and ordinary" meaning to terms in a patent claim, while the defendant often seeks a narrower construction. But what if the parties agree that "plain and ordinary" applies but then dispute what the plain and ordinary meaning should be?
