IP News
Federal Circuit Defines "By Means Of" <br>Doctrine of Claim Differentiation Insufficient to Overcome Plain Meaning of Claim Term<br>Patentee's Failure to Connect the Dots Insufficient, But Not Sanction-Worthy
Patent Reform Is Coming, but Not From Congress
It's well established that the number of lawsuits filed by patent trolls in the last decade has increased dramatically. This increase comes at considerable expense to defendants of all stripes. But as widely reviled as this trend may be among operating companies that often find themselves as defendants in patent troll litigation, legislation that would curb this practice has made little progress.
IP News
Federal Circuit Applies <i>Alice</i> to Invalidate Online Transaction Patent <br>Federal Circuit Finds 'Unobtrusive' and 'Does Not Distract' Indefinite<br>Federal Circuit: In Hatch-Waxman, Infringement Based Only on Final ANDA Product
Functionality Rulings Are Nothing To Cheer About
What do cheerleading uniforms and laminated faux-maple flooring have in common? And what does either one have to do with copyright law? Read on: Both have recently been the subject of dubious rulings about the copyrightability of useful articles that could, if not reversed, further muddy the already murky doctrinal waters the courts have created around this issue.
In the News
Fed. Circ. Reverses Denial Of Motion To Stay Post-Grant Review of Covered Business Method Patent<br>Fed. Circ. Vacates Injunction and Civil Contempt Sanction after USPTO Cancels Claim At Issue<br>Fed. Circ. Finds Potential Antitrust Violations by Patent Owner in ANDA Case
Evolution of the Patent Infringement Safe Harbor
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
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
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
