<i>TecSec v. IBM</i>: The (Not-So) Reaching Impact of Rule 36 Affirmances
November 02, 2013
In <i>TecSec, Inc. v. IBM Corp., et al.</i>, the Federal Circuit explained the effect of Federal Circuit Rule 36, under which the Federal Circuit may "enter a judgment of affirmance without opinion" if certain conditions are met. Fed. Cir. R. 36. The decision highlights the impact of a Rule 36 affirmance on related issues in subsequent litigation, particularly where the Federal Circuit summarily affirms a district court decision that is based on multiple, independent grounds.
<i>Inter Partes</i> Reviews
November 02, 2013
In September of last year, the America Invents Act introduced a number of powerful tools for challenging the validity of an issued patent at the USPTO ' Inter Partes Review (IPR), Covered Business Method Review (CBMR), and Post-Grant Review (PGR). By a large margin, however, the most popular of these procedures has been the IPR.
In the News
October 02, 2013
Federal Circuit Nixes Insurance Claims Under Section 101 <br>Federal Circuit: Clarification of Injunction Terms Not Appealable
Spotlight on 3D Printing: Intellectual Property
September 30, 2013
3D printing technology, also known as additive manufacturing, is nothing new. It has been used for decades by designers and engineers. But the technical capabilities that make 3D printing technologies so useful likely will facilitate intellectual property infringement.
Why Not Throw in the Design of the Kitchen Sink?
September 30, 2013
When it comes to seeking patent protection for a new product, companies are often faced with a dilemma: delay patent filings until the product has proven commercial value, or gamble substantial resources trying to create a portfolio of utility and design patents for a product that may not be successful?
Appeals by the Numbers
September 29, 2013
Two of the main substantive causes for refusals of U.S. federal trademark applications are descriptiveness refusals (under Section 2(e) of the Lanham Act, and likelihood of confusion refusals (under Section 2(d)) of the Act.
Maddeningly Mismated Matches
September 02, 2013
In paired opinions rendered the same day by the same judge, the Ninth Circuit reached seemingly directly contrary conclusions in virtually identical cases concerning the balancing of intellectual property rights and First Amendment interests.
IP News
September 02, 2013
Obama Administration Vetoes ITC Ban <br>Medical Devices Case Yields Treble Damages in Michigan
Limited Exclusion Orders at the ITC
September 02, 2013
The United States International Trade Commission (ITC) has the authority to stop unfair trade practices, including the importation of products found to infringe a valid U.S. patent. But does that authority automatically extend to downstream products incorporating a relatively insignificant infringing component ' such as an automobile that happens to include an infringing light-emitting diode? And is the ITC required to balance the parties' interests and consider factors such as the value of an infringing component compared to the overall value of the imported downstream product?
Joint Defense Agreement Considerations in NPE Patent Litigation
September 02, 2013
Accused infringers in patent litigation, especially against non-practicing entities (NPEs), often form joint defense groups to defend against common claims brought in one or more actions. A written agreement of the joint defense group can make plain the respective rights and obligations of each group member and evidence to the court a requisite alignment of common interest underpinning the group. The following is a selection of relevant considerations to support productive group interaction through appropriate provision in the joint defense agreement.
