Currently viewing the tag: "patents"

New Patent Venue Tests post-TC Heartland

On September 8, 2017 By vbiswas

On May 22, 2017, the Supreme Court issued its opinion in TC Heartland v. Kraft Foods.  TC Heartland overturned the Federal Circuit’s 1990 decision in VE Holding v. Johnson Gas.  VE Holding stated that the 1990 amendments to 28 U.S.C. § 1391 indicated Congress’ intent to apply the general venue statute (§ 1391) [...]

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In November, the Supreme Court will hear argument on whether Inter Partes Reviews (IPRs), one of the most influential changes of the American Invents Act, are an unconstitutional taking of property.  IPRs are a post-issuance review of patent validity before the Patent Trial and Appeal Board (PTAB). This administrative trial before a panel of [...]

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On Monday, March 27, 2017, the Supreme Court heard arguments from parties in one of the most important patent cases in years, TC Heartland v. Kraft Foods Group Brands LLC. The case originated in the United States District Court for the District of Delaware before making its way to the Federal Circuit, [...]

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On Monday, February 22nd, 2016, the First Circuit, in In re: Loestrin 24 Fe Antitrust Litigation, aligned with the Third Circuit in ruling that non cash reverse payment agreements, designed to delay the release and marketing of competing generic drugs, are subject to traditional rule of reason antitrust scrutiny.

Generic manufactures often enter the market [...]

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In Internet Patents Corp v. Active Network, the Federal Circuit considered yet another case involving a claim of patent ineligibility under 35 U.S.C. 101. The patents at issue were owned by Internet Patents Corporation, a non-practicing entity, and essentially related to “the use of a conventional web browser Back and Forward navigational functionalities [...]

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Can You Copyright Apparel?

On October 27, 2015 By zcrane

On August 19th, 2015, an en banc panel on the Sixth Circuit ruled that cheerleading uniforms are eligible for copyright protection. This decision prompted the losing party, Star Athletica, to request that the panel overturn the decision, citing “immense practical implications” for the apparel industry. The split Sixth Circuit panel found that stripes, chevrons and [...]

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In February of this year, Smartflash LLC was awarded over $530 million in a judgment against Apple for willful patent infringement. The judge voided the award in July based on confusion surrounding his jury instructions which may have led to the jury miscalculate royalties. But this raises a bigger issue: in a world where new [...]

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Apple Unsuccessful in Locking Down Unlock Feature

On September 11, 2015 By Jackson Sattell

I had never really thought about how I unlock my phone until today. And, now that I think about it, I’ve had to learn a bunch of different ways to do it in the last ten years or so: hitting the “Talk” button, sliding a keyboard out, unhinging the screen from the buttons, etc. While [...]

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As is common knowledge in the patent world, this past May, the Federal Circuit upheld a Northern District of California jury verdict in favor of Apple, against Samsung in Apple Inc. v. Samsung Electronics Co., Ltd. (Fed. Cir. 2015) with relation to Apple’s design and utility patent claims. This was a massive victory for Apple, and [...]

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To paraphrase the old riddle, when is monopolistic behavior not monopolistic behavior? This question had been argued in federal courts often; yet, when confronted with this riddle, the federal judiciary had reached inconsistent results. In 2013, with its holding in FTC v. Actavis, 570 U.S. ____ (2013), the Supreme Court believed it laid out a [...]

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