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Defending the Patent Case – Make the Patent Holder Commit
Patent Holders Walk a Tightrope Navigating Infringement and Invalidity (David Castillo Dominici/FreeDigitalPhotos.net) Forcing patent holders to commit to their positions as early as possible is...
View ArticleAre We Kidding Ourselves With Patent Jury Trials? Lessons from Apple v. Samsung
When I talk to lawyers who do not practice patent law, they often speak of the complexity of patent cases in terms of the scientific or technological issues involved. What many of them fail to...
View ArticleFederal Circuit Rewrites Law of Induced Infringement
On August 31, 2012, a sharply divided en banc Federal Circuit Court of Appeals issued its opinion in Akami Technologies v. Limelight Networks. The case is significant in that it rewrites the rules for...
View ArticleSoftware Patents – What Evidence Should Be Required to File an Infringement...
It is well-established that patent holders may not simply file patent infringement lawsuits in order to determine if a company may be infringing their patents. As interpreted by the Court of Appeals...
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I Got a Cease and Desist Letter – What Do I Do?
Cease and Desist Letter (Image provided courtesy of Stuart Miles/Freedigitalphotos.net) When patent holders want to let someone know that they are infringing their patent(s), they often send what is...
View ArticleHas the Federal Circuit Vitiated the Application of “Vitiation” to the...
Patent holders can prove infringement by showing that each element of a claim is literally present in an accused infringer’s product or that those elements which are missing have an “equivalent.” The...
View ArticleIt Ain’t Over ‘Til It’s Over- Federal Circuit Court of Appeals Strengthens...
On July 2, 2013 the Federal Circuit Court of Appeals issued an opinion in Fresenius USA v. Baxter International, Inc., Case. No. 2012-1334, 1335 (Fed. Cir. July 2, 2013), which enhances the ability of...
View ArticleRecent Federal Circuit Decision Limits ITC Authority to Block Importation of...
Last month, the Federal Circuit Court of Appeals issued an opinion that could have a significant impact on patent owners who seek International Trade Commission (ITC) exclusion orders to block the...
View ArticleActive Inducement of Infringement: A Good Faith Belief in Invalidity is Not a...
On May 26, 2015, the U.S. Supreme Court issued its opinion in Commil USA, LLC v. Cisco Systems, Inc., (Case No. 13-896, May 26, 2015). A copy of the slip opinion may be found here. Active Inducement...
View ArticleFederal Circuit Decision Concerning “Means-Plus-Function” Claiming
When drafting patent claims for a device, it is often desirable to describe the device based on how it works instead of how it is structured. Describing a device based on how it works is often...
View ArticleAre We Kidding Ourselves With Patent Jury Trials? Lessons from Apple v. Samsung
When I talk to lawyers who do not practice patent law, they often speak of the complexity of patent cases in terms of the scientific or technological issues involved. What many of them fail to...
View ArticleFederal Circuit Rewrites Law of Induced Infringement
On August 31, 2012, a sharply divided en banc Federal Circuit Court of Appeals issued its opinion in Akami Technologies v. Limelight Networks. The case is significant in that it rewrites the rules for...
View ArticleSoftware Patents – What Evidence Should Be Required to File an Infringement...
It is well-established that patent holders may not simply file patent infringement lawsuits in order to determine if a company may be infringing their patents. As interpreted by the Court of Appeals...
View ArticleClik here to view.
I Got a Cease and Desist Letter – What Do I Do?
Cease and Desist Letter (Image provided courtesy of Stuart Miles/Freedigitalphotos.net) When patent holders want to let someone know that they are infringing their patent(s), they often send what is...
View ArticleHas the Federal Circuit Vitiated the Application of “Vitiation” to the...
Patent holders can prove infringement by showing that each element of a claim is literally present in an accused infringer’s product or that those elements which are missing have an “equivalent.” The...
View ArticleIt Ain’t Over ‘Til It’s Over- Federal Circuit Court of Appeals Strengthens...
On July 2, 2013 the Federal Circuit Court of Appeals issued an opinion in Fresenius USA v. Baxter International, Inc., Case. No. 2012-1334, 1335 (Fed. Cir. July 2, 2013), which enhances the ability of...
View ArticleRecent Federal Circuit Decision Limits ITC Authority to Block Importation of...
Last month, the Federal Circuit Court of Appeals issued an opinion that could have a significant impact on patent owners who seek International Trade Commission (ITC) exclusion orders to block the...
View ArticleActive Inducement of Infringement: A Good Faith Belief in Invalidity is Not a...
On May 26, 2015, the U.S. Supreme Court issued its opinion in Commil USA, LLC v. Cisco Systems, Inc., (Case No. 13-896, May 26, 2015). A copy of the slip opinion may be found here. Active Inducement...
View ArticleFederal Circuit Decision Concerning “Means-Plus-Function” Claiming
When drafting patent claims for a device, it is often desirable to describe the device based on how it works instead of how it is structured. Describing a device based on how it works is often...
View ArticleDefending the Patent Case – Make Sure to Serve This Interrogatory
Patent cases are very discovery intensive, and many courts now have “patent local rules” that provide regulated process by which plaintiffs disclose their infringement contentions (i.e., explanations...
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