Evolution of the Patent Infringement Safe Harbor
September 02, 2014
Since its enactment in 1984, the scope of the "safe harbor" provision of the patent code has been in flux. The provision is intended to exempt from infringement certain acts related to the development of drugs and medical devices that are subject to FDA regulatory approval, to enable competitors to immediately enter the market upon patent expiration. However, the contours and boundaries of the safe harbor have been a consistent source of controversy in the courts.
Filing Multiple IPRs for One Patent
September 02, 2014
The America Invents Act established <i>inter partes</i> review (IPR) proceedings at the USPTO. Under this new regime, any person other than the patent owner is able to challenge the validity of a patent with a patent office trial. In a growing number of cases, the validity of a patent is determined at the USPTO prior to a district court dispute on infringement. The cost and time benefits of an IPR has encouraged hundreds of Petitioners to partake in these new proceedings.
IP News
August 02, 2014
Federal Circuit: Cuban Company Has Standing to Request Trademark Cancellation<br>Supreme Court: High Court Agrees to Consider the Preclusive Effect of TTAB's Decisions<br>TTAB: TTAB Cancels Redskins Trademarks for Disparaging Native Americans
Patentability of Computer- Implemented Inventions
August 02, 2014
On June 19, 2014, the U.S. Supreme Court issued another in a line of cases dealing with the issue of the patentability of software inventions. Based on this opinion, one thing remains clear: The issue is far from definitively decided.
Supreme Court Rules Against Aereo
August 02, 2014
In <i>ABC v. Aereo</i>, the U.S. Supreme Court reversed the Second Circuit's holding that Aereo did not directly infringe the copyright owners' public performance rights through the operation of the "Watch Now" function of its service.
Supreme Court Upholds Lanham Act Claim in Juice Wars
August 02, 2014
Pomegranate juice is the subject of an intense legal battle between POM Wonderful and Coca-Cola Co. In its Lanham Act challenge, POM alleges that Coke's juice product's name, label, marketing and advertising mislead consumers into thinking the product is mostly a pomegranate and blueberry juice when it in fact is mostly apple and grape juice.
S. Ct. Resolves 'Raging' Debate Over the Use of the Laches Defense
July 02, 2014
The Supreme Court in <i>Petrella v. Metro-Goldwyn-Mayer, Inc.</i>, recently resolved a split amongst the circuit courts in a 6-3 decision, holding that the equitable doctrine of laches could not be invoked to preclude a claim for damages within the statute of limitations for copyright cases.
Supreme Court Mandates More Patent Claim Clarity
July 02, 2014
In <i>Nautilus, Inc. v. Biosig Instruments, Inc.</i>, a unanimous Supreme Court held that the test for patent claim definiteness in 35 U.S.C. '112, '2 (2006) "require[s] that a patent's claims, viewed in light of the specification and prosecution history, inform those skilled in the art about the scope of the invention with reasonable certainty."
IP News
July 02, 2014
Patent Co-Owners Cannot Be Involuntarily Joined as Parties <br>IPR Procedural Right to Appeal Does Not Grant Art. III Standing<br>Federal Circuit: <i>Suprema v. ITC</i> to Be Reheard <i>En Banc</i> by the Federal Circuit
