Foreign Lost Profits Recoverable for Patent Damages
August 01, 2018
The U.S. Supreme Court recently held that a patent owner may recover lost foreign profits for infringement under 35 U.S.C. §271(f)(2). The holding in <i>WesternGeco LLC v. ION Geophysical</i> rejects the Federal Circuit's categorical exclusion of lost profits damages for foreign sales, and expands the potential for increased damages from domestic competitors operating in foreign markets.
Supreme Court to Review Post-AIA On-Sale Bar
August 01, 2018
The U.S. Supreme Court agreed to consider a question raised by Helsinn Healthcare: whether, under the Leahy-Smith America Invents Act (AIA) an inventor's sale of an invention to a third party that is obligated to keep the invention confidential qualifies as prior art for purposes of determining the patentability of the invention.
“Registration” Means “Registration” … Or Does It?
August 01, 2018
<b><i>Supreme Court Grants Cert to Resolve Circuit Split on Registration Prerequisite for Filing Suit under Copyright Act</b></i><p>Although the term “registration” as used in the Section 411(a) of the Copyright Act does not immediately appear to be ambiguous, courts have reached differing conclusions as to its meaning.
IP News
August 01, 2018
Federal Circuit Holds That Tribal Sovereign Immunity Cannot Be Asserted in IPR Proceedings<br>Citing 'Steep Burden' on Plaintiffs, Federal Circuit Denies Use of 'Entire Market Value Rule' in Cases Involving Multicomponent Products
Affirmation of the Alien Venue Rule
July 01, 2018
<b><i>In re: HTC Corporation</b></i><p>The Federal Circuit recently addressed motions to transfer and drew a distinction between motions based upon the convenience of parties and witnesses and those for improper venue. It also clarified that the Supreme Court's recent decision in <i>TC Heartland</i> did not supplant the long-standing rule that venue laws do not protect foreign defendants.
General Data Protection Regulation: Defense or Offense?
July 01, 2018
Ostensibly, GDPR's mission is to strengthen and unify the EU's protection of online privacy rights and promote data protection for citizens of the 28 countries currently in the EU. In the global economy, however, GDPR serves as an alarm to all countries with business flowing across Europe and well beyond. Where business flows, data follow.
IP News
July 01, 2018
A Split Federal Circuit Panel Finds That Petitioner Has Standing to Challenge PTAB's Final Written Decision and That Petitioner Properly Submitted Evidence on Reply<br>Federal Circuit Rejects Patent Owner's Time-Bar Defense Based on Privity<br>Federal Circuit Finds That District Court May Rely on a Ground Not Raised by Any Party in Granting a Motion for Summary Judgment of Invalidity
Supreme Court Gives <i>Inter Partes</i> Review the Green Light
June 01, 2018
<b><i>Oil States Energy Services v. Greene's Energy Group</b></i><p>Is <i>inter partes</i> review of a patent grant compatible with Article III and the Seventh Amendment? That was the question presented in <i>Oil States Energy Services v. Greene's Energy Group</i> and the U.S. Supreme Court answered in the affirmative.
Trademark 'Theft' With AdWords Keyword Bidding
June 01, 2018
<b><i>Many Courts Have Determined that AdWords Bidding Alone Does Not Create Sufficient Consumer Confusion to Support Trademark Infringement Claims</b></i><p>As Internet searching continues its rapid migration to mobile and inadvertent infringement becomes inevitable, the courts are likely to see an increase of litigation in this area.
