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August 9th, 2016
Congress Adds an Arrow to the Quiver – the Defend Trade Secrets Act
On May 11, 2016, President Obama signed the Defend Trade Secrets Act (“DTSA”) into law. 18 U.S.C. § 1836. In…
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July 28th, 2016
BASCOM Global Internet Services, Inc. v. AT&T Mobility LLC, AT&T Corp. (decided June 27, 2016)
See decision here. BASCOM sued AT&T for infringement of BASCOM’s U.S. Patent No. 5,987,606. The case was dismissed by the…
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April 4th, 2016
Lexmark v. Impression Products: En Banc Federal Circuit Reconfirms Pro-Patentee Limitations on Doctrine of Patent Exhaustion
On February 12, 2016, the en banc Federal Circuit issued its decision in Lexmark Int’l, Inc. v. Impression Products, Inc.,…
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January 19th, 2016
In re Tam: Federal Circuit Rules That First Amendment Requires Federal Government To Allow Registration of Disparaging Trademarks
On December 22, 2015, the en banc Federal Circuit ruled 9-3 in In re Tam that the statute barring federal…
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September 28th, 2015
En Banc Federal Circuit Holds That Laches Will Still Limit Pre-Complaint Damages In Patent Cases And May Now Even Limit Permanent Injunctive Relief
On September 18, 2015, the Federal Circuit issued its en banc decision in SCA Hygiene Products Aktiebolag v. First Quality…
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August 28th, 2015
Federal Circuit Issues En Banc Decision Expanding Liability For Direct Infringement in “Divided Infringement” Cases
In the latest chapter in an ongoing saga, the Federal Circuit issued an en banc opinion on August 13, 2015…
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June 5th, 2015
Commil v. Cisco: Belief That A Patent Is Invalid Is Not A Defense To Inducement
On May 26, 2015, the Supreme Court issued its decision in Commil USA, LLC v. Cisco Systems, Inc. At issue…
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April 8th, 2015
Supreme Court Rules That Trademark Opposition Decisions by TTAB Can Provide Basis For Issue Preclusion in Federal Court
On March 24, 2015, the Supreme Court delivered its ruling in B & B Hardware, Inc. v. Hargis Industries, Inc. …
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January 29th, 2015
Hana Financial v. Hana Bank: Supreme Court Holds That Trademark “Tacking” Is A Question For Juries
On January 21, 2015, the Supreme Court issued its decision in Hana Financial, Inc. v. Hana Bank, in which the…
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January 28th, 2015
Teva v. Sandoz: Supreme Court Rules That, In Reviewing Patent Claim Constructions on Appeal, Factual Determinations Derived From Extrinsic Evidence Must Be Given “Clearly Erroneous” Deference
On January 20, 2015, the U.S. Supreme Court issued its long-awaited decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. …
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June 30th, 2014
Supreme Court Rules That Aereo’s Real-Time Streaming of Over-the-Air Television Constitutes a Public Performance of Copyrighted Works
On June 25, 2014, the U.S. Supreme Court issued its decision in American Broadcasting Companies v. Aereo, Inc. The Court…
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June 20th, 2014
Supreme Court Holds That Methods and Systems Providing “Generic Computer Implementation” of “Intermediated Settlement” Are Not Eligible For Patenting
On June 19, 2014, the Supreme Court issued its decision in Alice Corp. v. CLS Bank International. The case involved…
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June 6th, 2014
Supreme Court Chooses Middle Ground in Formulating A Standard for Patent Claim Definiteness
On June 2, 2014, the U.S. Supreme Court issued a unanimous opinion in Nautilus v. Biosig Instruments, Inc. At issue…
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May 20th, 2014
Supreme Court Limits Laches as a Defense in Copyright Infringement Suits
On May 19, 2014, the Supreme Court issued its decision in Petrella v. Metro-Goldwyn-Mayer, Inc., addressing the applicability of the…
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May 6th, 2014
U.S. Supreme Court Changes Standards for Attorney Fee Awards in Patent Cases
On April 29, 2014, the Supreme Court issued decisions in Octane Fitness, LLC v. Icon Health & Fitness, Inc. and…
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