IP News
January 31, 2015
S. Ct.: Clear Error Standard Must Now Be Applied To District Court's Factual Claim Construction Findings
Will the Supreme Court Remove <i>Brulotte</i>'s Shadow Over Patent Licensing?
December 31, 2014
Fifty years ago, the U.S. Supreme Court held that the collection of royalties after a patent's expiration constitutes <i>per se</i> patent misuse. Although criticized by scholars, antitrust agencies and the lower courts, <i>Brulotte</i> has not only endured, it has impacted licensing practices in a number of contexts. All that may change, however.
Federal Circuit Tackles RAND Royalty Rates
December 31, 2014
The Court of Appeals for the Federal Circuit, in a case of first impression, ruled that when the patent at issue is a standard essential patent (SEP) and its owner is subject to an obligation to license that patent on reasonable and non-discriminatory (RAND) terms, the jury instructions must discuss the specific obligations of that patentee and not RAND commitments in general.
The Case for the GC
December 31, 2014
In a time of increasing regulatory risk, global complexity and shareholder activism, the role of the corporate general counsel in the boardroom has never been more important. Yet, companies have been slow to recruit general counsels or seasoned attorneys to serve as independent directors.
IP News
December 31, 2014
Federal Circuit Finds Internet Method Unpatentable Under <i>Alice</i><br>Federal Circuit: No Collateral Estoppel For Similar, But Unrelated, Patent
Federal Circuit Again Addresses Patent-Eligibility Of Internet-Centric Claims
December 31, 2014
On Dec. 5, 2014, a divided Federal Circuit panel held that claims directed to systems and methods of generating a composite Web page combining certain visual elements of a "host" website with content of a third-party merchant were patent-eligible. However, the patent-eligibility of Internet-centric claims remains unsettled.
Legal Presumptions of Consumer Confusion and Injury in Lanham Act Cases
November 30, 2014
The United States Court of Appeals for the Second Circuit "clarified certain aspects of [its] false advertising jurisprudence" and held that, where literal falsity and deliberate deception have been proved in a market with only two players, it is appropriate to use legal presumptions of consumer confusion and injury for the purposes of finding liability in a false advertising case brought under the Lanham Act. <i>Merck Eprova AG v. Gnosis S.p.A.</i>
Eleventh Circuit Sets Parameters of Fair Use Defense
November 30, 2014
In a 129-page opinion, the Eleventh Circuit Court of Appeals has provided a detailed analysis of the "fair use" defense under the Copyright Act, as applied to digital course materials offered by a public university.
What Constitutes 'A Sale' and 'an Offer to Sell'?
November 30, 2014
The Federal Circuit addressed what activity constitutes a sale or an offer for sale for purposes of 35 U.S.C. '271 and, in an important concurrence, Circuit Judge O'Malley provides a provocative analysis of the standard for enhanced damages under '284 in parallel to recent Supreme Court edicts on the standard for attorneys' fees under '285 and calls upon the Federal Circuit to reevaluate the standard for willfulness.
IP News
November 30, 2014
Licensor Lacks Standing to Sue Where No Rights in Patent Were Retained
