Players On the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Read More › Features
Joint Infringement Post-Akamai: Understanding the Impact on Prosecution and Litigation Strategies
Matthew Becker, Norman F. Hainer Jr.
&
David K. Ludwig
This two-part article aims to deconstruct the new joint infringement standard, provide insight into how the standard might be interpreted and provide practice tips for prosecution and litigation. Part 1 chronicles the <i>Akamai</i> cases that ultimately resulted in a new standard for joint infringement and explores the potential interpretations of that standard.
Features
Design Patent Damage Awards
John S. Artz, Franklin M. Smith
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Brandon L. Debus
<b><i>Rotten for Apple</b></i><p>On Dec. 6, 2017, the United States Supreme Court, hearing its first design patent case in over 120 years, unanimously threw away a $400 million award that Apple won against Samsung Electronics. In doing so, the justices interpreted an 1887 statute providing that it is unlawful to manufacture or sell an "article of manufacture" that a patented design or colorable imitation has been applied.
Features
Supreme Court Rules on Design Patent Damages<br><i>Samsung Electronics Co. Ltd. et al. v. Apple Inc.</i>
Brendan Mee
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Nathan Renov
On Dec. 6, 2016, the U.S. Supreme Court threw out a damages award of $399 million that Apple won against Samsung in an ongoing design patent dispute.
Columns & Departments
IP News
Jeff Ginsberg
&
Hui Li
Federal Circuit: PTAB Used Overly Broad CBM Patent Standard<br>Federal Circuit: PTAB Patent Invalidation Vacated over Erroneous Invention Conception Date
Features
<b><i>BREAKING NEWS</b></i><br>Supreme Court Agrees to Hear Blockbuster Patent Venue Case
Jan Wolfe
In a win for the tech industry, the U.S. Supreme Court agreed on Dec. 14 to hear a case that could move patent cases out of the Eastern District of Texas.
Features
<b><i>Online Extra</b></i><br>Apple Loses to Samsung in Supreme Court Design Patent Case
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
Recent Disputes over Copyright Licenses
Richard Raysman
&
Peter Brown
This article discusses disputes involving the use of copyrighted works or intellectual property underlying that work, under a license, or in one case, under an implied license. The parties thereto are not nearly as well-known, but the legal conclusions reached may have farther reaching implications.
Features
Expanded Means-Plus-Function Analysis Presents New Opportunities and Challenges
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
Salvaging a Patent After a Post-Grant Proceeding
Donald Heckenberg
When the Patent Trial and Appeal Board (PTAB) decides to institute a post-grant proceeding, the subject patent is in jeopardy.
Features
Software and Business Method Inventions After <i>Alice</i>
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.
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