Editor Brian Harrod Provides Comprehensive up-to-date news coverage, with aggregated news from sources all over the world from the Roundup Newswires Network
Editor's note: This article, distributed by The Associated Press, was originally published on The Conversation website . The Conversation is an independent and nonprofit source of news, analysis and commentary from academic experts.
It is an act of infringement under U.S. patent law to supply "in or from the United States" certain components of a patented invention with the intent that they "will be combined outside of the United States in a manner that would infringe the patent if such combination occurred within the United States." 35 U.S.C. 271 .
The U.S. Supreme Court ruled on Friday that companies can recover profits lost because of the unauthorized use of their patented technology abroad in a victory for Schlumberger N.V., the world's largest oilfield services provider. The 7-2 decision overturned a lower court's ruling that had enforced limits on applying U.S. patent law overseas and reduced by $93.4 million the damages sum that rival ION Geophysical Corp. had to pay for infringing Schlumberger technology that helps find oil and gas beneath the ocean floor.
In this recent decision , the Fourth Circuit Court of Appeals clarified the requisite showing for obtaining an award of attorney fees under the Lanham Act. Reversing a decision out of the Eastern District of Virginia, the Fourth Circuit held that a party seeking attorney fees need only prove that its case is "exceptional" by a preponderance of the evidence , and not by the more stringent clear and convincing standard applied by the district court .
Patent eligibility under 35 U.S.C 101 has been a hot topic in the past few years and in view of several U.S. Supreme Court decisions, including the 2014 case Alice Corp. Pty. Ltd. V. CLS Bank Int'l, 134 S. Ct. 2347.
If you didn't already know it, Amazon really wants to deliver stuff to your door using unmanned aerial vehicles , commonly known as drones. Amazon boss Jeff Bezos unveiled a prototype of the Prime Air delivery drone in 2013, and several redesigns later, the company is surely coming close to a platform that it hopes will transform its delivery operation.
For more than a decade, the federal courts in the Eastern District of Texas were the undisputed Mecca for patent litigation. Businesses and individuals often filed double or triple the number of patent infringement lawsuits in East Texas than any other court districts in the country.
The University of California is fighting back in its quest to regain control over the rights to the powerful gene-editing technology known as CRISPR-Cas9. On Monday, in a case before the United States Court of Appeals for the Federal Circuit in Washington, D.C., UC asserted that the valuable patents on the revolutionary tool belong to UC, not the Broad Institute of Harvard and MIT - and that the nation's patent office committed serious legal errors when it ruled in 2017 against the University of California.
In 2011 the Supreme Court announced that methods of diagnosing disease are ineligible for patenting under its landmark decision, Mayo Collaborative Services v. Prometheus Laboratories, Inc ., 566 U.S. 66 .
In Xitronix Corp. v. KLA-Tencor Corp., No. 2016-2746 , the Federal Circuit considered whether it or a regional circuit had jurisdiction over an appeal of a case raising only Walker Process antitrust claims.
Hello loyal TMCA readers This is the first installment of what we hope to be an informative series of posts called Quirky Questions: TMCA Edition. Our labor and employment colleagues have a great blog, Quirky Questions, where they answer unanticipated questions regarding workforce issues.
The Federal Circuit held Walker Process Claims without a "substantial" patent issue can be heard outside the Federal Circuit based on the US Supreme Court decision in Gunn v. Minton .
Panitch Schwarze Belisario & Nadel partner John D. Simmons, who also serves as president of the Philadelphia Intellectual Property Law Association, organized and led the association's first CLE meeting of the year on Jan. 18. The program was presented by Simmons' longtime client, Michael W. Shore, an attorney and partner at the Dallas law firm of Shore Chan DePumpo. Shore's presentation was titled "Allergan Partnering With the St. Regis Mohawk Tribe: Sovereign Immunity to Avoid Inter Partes Review Challenges."
At the end of October, the US Patent and Trademark Office renewed a rule allowing anyone to 'jailbreak' a 3D printer to use unapproved filament. For those of you following along from countries that haven't sent a man to the moon, a printer that requires proprietary filament is DRM, and exceptions to the legal enforceability DRM exist, provided these exceptions do not violate US copyright law.
On Monday, November 27, 2017, the Supreme Court of the United States heard oral argument in Oil States Energy Services, LLC v. Greene's Energy Group, LLC over whether inter partes review - an adversarial process used by the United States Patent and Trademark Office to analyze the validity of existing patents - violates the US Constitution.1 Although it is difficult to predict which way the Court will rule, the questions posed by each Justice in oral argument may signal the Justices' views on the issue of constitutionality of IPRs.
The decision in Kwan v. Sanmedica International , 854 F.3d 1088 in April, has occasioned a lot of discussion about the apparent demise of the establishment claim "standard" in California.
U.S. Supreme Court justices on Monday appeared divided over whether a federal agency's in-house process for challenging patents violates the constitutional rights of patent owners, leaving the fate of a system that has led to a high rate of patent cancellation uncertain. In one of the most important patent cases to come before the Supreme Court in years, the nine justices heard an hour of arguments in a dispute over the U.S. Patent and Trademark Office's patent review proceeding known as inter partes review .
Google doesn't like the looks of these patents and the United States patent office says that Google stands a "reasonable likelihood" of winning invalidation of four patents. Once a patent is found to be invalid, a licensee like BLU has a good chance of getting out of paying future royalties.
Intellectual Property practitioners from across the world will join together with their peers in the creative and legal communities at the American Intellectual Property Law Association's 2017 Annual Meeting. AIPLA's Annual Meeting, which gathers thought-leaders from all areas of patent, trademark, copyright, and trade secret law, expects hundreds of attendees to descend upon Washington, DC this fall.