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By Frank Angileri, Sangeeta G. Shah
Oil States Energy Services, LLC v. Greene's Energy Group, LLC, No. 16-712 (U.S. June 12, 2017).
By Erin K. Bowles, Andrew Turner
On May 22, 2017, the U.S. Supreme Court granted review in the first patent case accepted for the October 2017 term.
By Christopher C. Smith, David Berry
The U.S. Supreme Court has held that a patent owner's sale of a patented product exhausts its ability to bring infringement claims against the purchaser, or subsequent owners, of the product.
By Frank Angileri, Marc Lorelli
The U.S. Supreme Court has rejected the prevailing interpretation of the patent venue statute, 28 U.S.C. § 1400(b), and held in an 8-0 decision that a domestic corporation defendant may be sued...
By Marc Lorelli, John Rondini
In a case of first impression, the U.S. Court of Appeals for the Federal Circuit has held that a patent owner's statements made in a preliminary statement during an AIA IPR proceeding may create...
By Frank Angileri, David Randall
The Leahy Smith America Invents Act ("AIA") amended the Patent Act's novelty provisions for all applications having an effective filing date on or after March 16, 2013.
By Mark A. Cantor, Anna Robinson
On March 22, 2017, the Supreme Court established a standard for determining whether a design element incorporated into a useful article can be protected as a pictorial, graphic...
By Marc Lorelli, David Randall
In Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. Ct. (2014), the Supreme Court ruled that the equitable defense of laches is not available when a copyright owner brings a claim for damages...
By Christopher C. Smith, Frank Angileri
In its second patent decision of the October 2016 term, the U.S. Supreme Court ruled today that 35 U.S.C. § 271(f)(1)...
By John LeRoy
Open source software (OSS) is ubiquitous in software development today, enabling technical innovation, productivity gains, and touching everything from big data and cloud to mobile and embedded.
By Molly Crandall
One challenge nearly all start-up businesses face is the selection and protection of trademarks – the brand names for their goods and services.
By David Randall, Marc Lorelli, John Rondini
In a 8-0 ruling, the U.S. Supreme Court ruled that damages for infringement of design patents under 35 U.S.C. § 289 can be limited to the defendant's "total profits"...
By David Berry, Andrew Turner, Karen Feldman
Companies developing new products sometimes opt to outsource the fabrication of prototypes or the pilot-stage manufacture of products for beta testing.
By Martin Sultana, Isaac Slutsky, David Berry
In a recent case, the U.S. Court of Appeals for the Federal Circuit revisited the vexing problem of assessing patent eligibility for computer-related technologies.
By Lissi Mojica
In a recent panel decision that deviates from the Federal Circuit's current tendency to defer to the U.S. Patent and Trademark Office's interpretation of the Leahy-Smith America Invents Act...