1. In re Constr. Equip. Co.,
2010-1507, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2011 U.S.
App. LEXIS 25078, December 8, 2011, Decided, December 15, 2011, Corrected
Format Version Issued [ enhanced version available
to lexis.com subscribers...
By Michelle Friedman Murray
Excerpt from Nonobviousness Standards for Hardware and Software Before and After
KSR: What is the Difference? , 93 J. Pat. & Trademark Off. Soc'y 259 (November
wisdom holds that...
WASHINGTON, D.C. - ( Mealey's ) If allowed
to stand, a 2011 Federal Circuit U.S. Court of Appeals ruling will threaten
farmers by prioritizing "patent rights over personal property rights,"
something "that's never been done in...
By Joseph Lavelle
Following the Supreme Court decision in eBay, Inc. v. MercExchange, LLC, 1 injunctions do not automatically follow from a finding that a patent is infringed and not invalid. In cases where an injunction is denied, in lieu of the injunction...
On March 20, 2012, in Mayo Collaborative Services v. Prometheus Laboratories, Inc. , the U.S. Supreme Court issued a landmark decision on patent eligibility under the patent statute, a decision that specifically addressed the "laws of nature"...
Law360 recently reported on three
cream-of-the-crop firms in IP litigation. These powerhouses of IP
Alston & Bird LLP;
Jones Day; and
Reed Smith LLP.
What separates these firms from the others? Factors include
Calling the patent system broken might ring hollow in light
of the recent overhaul heralded by the America Invents Act. But, as the Seventh
Circuit's Richard A. Posner pointed out in Slate , the system can't be fixed without addressing the
On this edition, Daniel McDonald of Merchant & Gould in Minneapolis discusses the Federal Circuit U.S. Court of Appeals decision involving method patent claims in In re: Bilski and its impact. Copyright© 2009 LexisNexis, a division of Reed Elsevier...
Repeal of 325(f) May Have Unintended Consequences
As discussed earlier this week the House is currently considering H.R. 6621 , which proposes some technical corrections to the America Invents Act. One of the stated goals of the technical bill is to...
A new study commissioned by the National Women's Business
Council (NWBC) shows that over the past 35 years, female patent holders have
grown at an accelerating rate. The study is based on preliminary findings from a
review of patents granted between...
It was in January 1990 when Mars, Inc. (“Mars”), the maker of popular M&M candy and a host of other products, including pet food (Pedigree) and other food products (Uncle Ben’s), brought a lawsuit against Coin Acceptors, Inc. (“Coinco”...
By Eric R. Chad *
In a per curiam opinion, Akamai Techs., Inc. v. Limelight Networks, Inc. , 692 F.3d 1301 (Fed. Cir. 2012) [ enhanced version available to lexis.com subscribers ], a narrow majority of the Court of Appeals for the Federal Circuit,...
Straight Forward Changes Expected to Pass Quickly
As discussed last month , Congress will be considering a technical amendment to the AIA before Christmas. Congressman Lamar Smith (R-Tx) proposed this bill (H.R. 6621 here ) to the House last Friday...
The U.S. patent system is among the
most effective in the world, measured in terms of both its geographic and
economic scope and the varieties of the technologies protected. Critical to the
continued effectiveness of the system is a well-functioning U...
By Kendrew H. Colton
On January 9, 2012, the U.S. Supreme Court heard oral argument in Kappos v. Hyatt . The Hyatt
case is important for those who prosecute patent applications before
the U.S. Patent and Trademark Office (USPTO), and especially for...
1. Global-Tech Appliances, Inc. v. SEB S.A. , No.
10-6, SUPREME COURT OF THE UNITED STATES, 2011 U.S. LEXIS 4022, February 23,
2011, Argued, May 31, 2011, Decided, The
LEXIS pagination of this document is subject to change pending release of the
On Wednesday, December 7, 2011, the U.S. Supreme Court heard oral arguments in a major patent case, Mayo Collaborative Services, v. Prometheus Laboratories . The decision in this case should clarify the metes and bounds of what qualifies as patentable...
If enacted, the Patent Reform Act of 2007, potentially the first major reform of the patent laws in more than 50 years, will have major effects on patent law. In an exhaustive analysis of the Act, Eric E. Bensen, co-author of Milgrim on Licensing and...
The Patent Reform legislation continues to be an ongoing
issue in both the House and the Senate, but its consideration in the Senate is
being delayed by the heated debate regarding the budget and debt ceiling.
Senator Rand Paul is planning a filibuster...
1. Microsoft Corp. v. i4i Ltd.
P'ship , No. 10-290, SUPREME COURT OF THE UNITED STATES, 180 L. Ed. 2d 131;
2011 U.S. LEXIS 4376, April 18, 2011, Argued, June 9, 2011, Decided [ enhanced version
available to lexis.com subscribers / unenhanced version...
Determination of Non-Obviousness by USPTO Disregarded by Court
Last week's CAFC decision in In re Construction Equipment
decided the validity of U.S. Patent 5,234,564 .....again. In the first
appeal, decided in 2001, the CAFC upheld the validity...
Chief Judge Paul R. Michel of the United States Court of Appeals for the Federal Circuit asked the Patent Damages Handbook Committee Members to develop a handbook for trial courts to consult when deciding issues of compensatory damages in patent infringement...
By Laura Anne Kowal , Jennifer L. Miller and Estelle J. Tsevdos
Reconciliation between the patent reform legislation passed by the
U.S. House on June 23, 2011, and the earlier bill approved by the Senate
is expected, enabling the Leahy-Smith America...
1. V Limelight Networks,
2009-1372, -1380, -1416, -1417, 2010-1291, UNITED STATES COURT OF APPEALS FOR
THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 18532, August 31, 2012, Decided [ enhanced version available to lexis.com subscribers ]
CORE TERMS: infringement...
Further Fee Diversion Wrangling Unlikely
As the saying goes, "almost" only counts in
horseshoes and hand grenades. Recent events suggest that patent reform
can now be added to the list.
Last week, H.R. 1249 was passed by the House...