Skepticism from the Heartland

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Last week we reported on the initial efforts to apply the Supreme Court’s opinion in TC Heartland, with particular interest in what impact that case may end up having on the business of patent litigation in the Eastern District of Texas. As we noted, on first read, TC Heartland seemed to herald the end of the...

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A Case of First Impression

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It will hardly come as a surprise to frequent readers of this blog that the U.S. Supreme Court has (once more) jettisoned a legal principle fashioned by the Federal Circuit, nor that the opinion was largely without dissent (Justice Ginsburg did dissent in part). The case, Impression Products v. Lexmark International, concluded that a patentee’s decision...

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The Genericide of Google?

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If you’ve ever referred to any pain relieving drug as an “aspirin,” asked for a Kleenex when seeking any form of handheld tissue, or interchanged the terms “photocopy” with “Xerox,” you have an inkling of the dangers that may result when a product or service becomes so successful that it jeopardizes its own trademark protection....

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Patent Points to Ponder

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The Supreme Court recently decided the Federal Circuit was incorrect in concluding that the supply of a single component of a multicomponent invention for manufacture abroad gives rise to liability under Section 271(f)(1) of the Patent Act, which prohibits the supply from the United States of “all or a substantial portion of the components of...

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Changing of the Guard

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Law360 and Crain’s Chicago Business are reporting that the infamous Niro Law Firm is dissolving, following the recent death of its founder, Ray Niro. For a time, the Niro name caused consternation to retailers receiving cease & desist letters on  patent claims, as the firm made a name for itself by aggressively suing on behalf...

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The Platform of Patent Infringement?

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A little over a year ago, Judge Martinez of the Western District of Washington adopted an advisory jury verdict finding that Amazon.com Inc. did not “offer to sell” several third party pillowcases available for purchase through Amazon.com which allegedly infringed certain design patents. As is often the case with legal questions, the issue was just...

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Give Me A C….

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The Supreme Court recently heard arguments in the case of Star Athletica v. Varsity Brands, a copyright case seeking resolution of the appropriate test to determine when a feature of a “useful article” is protectable under section 101 of the Copyright Act. Section 101 provides that “the design of a useful article” will be considered...

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Pleadings 2.0

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Rule 8 of the Federal Rules of Civil Procedure requires a “a short and plain statement of the claim showing that the pleader is entitled to relief.” A decade ago, pleading a patent case was approximately as easy as: “You have a product/website/method/service and I have a patent. You owe me money.” With the Supreme...

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Freedom of Software Speech

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Intellectual Ventures is no stranger to filing appeals with the Federal Circuit when confronted with an unfavorable ruling at the district court level, though it may be kicking itself for having done so in its case against Symantec, where the Federal Circuit not only affirmed the district court’s decisions of ineligibility regarding two of the...

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Happy Birthday, Patent Reform

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Today marks the fifth anniversary of the Leahy-Smith America Invents Act, a comprehensive patent reform package that, depending on your vantage point, either went too far or not far enough. From a removal of half a decade, it appears that some of the AIA’s requirements have had little practical effect – for example, the fact...

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