Independence Day Round–Up

/ 0 Comments

A post–4th–of–July review of recent developments in patent litigation: Supreme Court declares independence from patent cases. As the Supreme Court closed out a memorable 2014 term, we note that the Court has not accepted any patent cases for its 2015 term. Although there are a few cert. petitions percolating, it appears that patent law will...

Read More
separator

Supreme Court Sides With Patent–Asserter In Commil v. Cisco

/ 0 Comments

A divided Supreme Court held today in Commil v. Cisco that an accused infringer’s good–faith belief in the invalidity of a patent asserted against it is not a defense to an allegation of induced infringement. The opinion is a victory for the patent–assertion entity who sued Cisco, and another Supreme Court defeat for the Federal...

Read More
separator

Supreme Court To Decide If You Have To Know You Are Inducing Patent Infringement To Knowingly Induce Patent Infringement

/ 0 Comments

At the end of this month, the Supreme Court will hear oral argument in its next big patent case, Commil v. Cisco. The question for decision relates to induced patent infringement, and whether an accused infringer who believes in good faith that the patent asserted against it is invalid can rely on that belief to...

Read More
separator

Teva for Two: Federal Circuit Doubles Up On De Novo Review

/ 0 Comments

In Teva Pharmaceuticals v. Sandoz, the Supreme Court said that in patent cases, like any other civil case, the court of appeals must show deference to the trial court’s findings of fact, even if those findings relate to the legal issue of the proper construction of claim language in a patent. In reporting on that...

Read More
separator

Nothing Special About A Specialty Court

/ 0 Comments

The Supreme Court reminded everyone, once again, that just because patent cases are heard by a special court of appeals, they are not governed by special rules that apply only to patent cases. In Teva Pharm. USA, Inc. v. Sandoz, Inc., the Court ruled 7–2 that when there are subsidiary factual issues in claim construction,...

Read More
separator


Direct Marketing Association Oral Argument Update

/ 0 Comments

Oral argument in the case of Direct Marketing Association v. Brohl occurred on December 8, 2014.   For  readers who are following the case, we thought it would be useful not only to recap some of the high points of the argument, but also to provide a list of resources and press reactions.  Both a...

Read More
separator

Federal Circuit Acknowledges That, Yes, Alice Did Change The Game

/ 0 Comments

The yo–yo of Ultramercial v. Hulu has come to rest at last, and should prove to any doubters that the Supreme Court’s Alice v. CLS Bank opinion has changed the patent litigation game. The Ultramercial case has been adrift in cross–currents between the Federal Circuit and the Supreme Court for years now. In 2010, the...

Read More
separator

Good Enough For Patent Law, Good Enough For Copyright Law…

/ 0 Comments

Google copies Java’s method headers in its API for Android. Java’s creator, Sun Microsystems, is purchased by Oracle. Oracle sues Google for copyright infringement. (Admit it. That last bit didn’t surprise you). The district court finds that the API method headers aren’t protectable under copyright. The Federal Circuit reverses—Java API taxonomy is copyrightable as a...

Read More
separator

Solicitor General on Induced Infringement; Federal Circuit on Domestic Infringement

/ 0 Comments

A quick recap of two notable developments in the patent law arena this week: At the invitation of the Supreme Court, the Solicitor General has filed a brief for the Government in Commil USA v. Cisco Systems, urging the high court to hear the case. In Commil, the Federal Circuit Court of Appeals determined that...

Read More
separator

Supreme Court Uncertain On Claim Construction Standard

/ 0 Comments

The Supreme Court’s new term got off to a hot start in the patent field with Teva Pharmaceuticals v. Sandoz. At oral argument on October 15, 2014, the justices wrestled with themselves and each other over how to weigh competing interests and rules in a case that could, depending on the outcome, change patent litigation...

Read More
separator