With
Jonathan T. McMichael
Despite going undisturbed for nearly 30 years, the patent venue statute — 28 U.S.C. § 1400(b) — has undergone a near-complete overhaul by appellate ...
With
Ran Ben-Tzur,
Hanley Chew,
Michael Dicke,
Elizabeth Gartland,
James Koenig,
Melanie Mayer,
Daniel McCoy,
Jonathan T. McMichael,
Tyler Newby,
Kenia Rincón,
Michael Sacksteder,
William Skinner,
Scott Spector,
Reilly Stoler,
David Tellekson,
Jeffrey Vetter
Recent months have brought important business, legal and regulatory developments. We analyzed Fenwick's client alerts and rounded up the most popular ones with our readers ...
With
Melanie Mayer,
Jonathan T. McMichael,
Reilly Stoler,
David Tellekson
The Federal Circuit has issued a landmark venue decision setting forth the standard for determining what constitutes a "regular and established place of business" under 28 U.S.C. § 1400(b).
With
Jonathan T. McMichael
The U.S. Supreme Court's May 2017 decision in TC Heartland v. Kraft Foods Group Brands is widely seen as sharply limiting where patent infringement lawsuits may be filed.
With
William Pierog
Last week, the Federal Circuit again addressed when claimed methods involving software are too abstract to be patentable.
Through October 2015, more than 4,000 petitions for inter partes review, covered business method review, and post grant review (collectively, "AIA reviews") were filed with the Patent Trial and Appeal Board.
With
Charlene Morrow,
Darryl Woo
The U.S. International Trade Commission investigates claims of unfair competition under Section 337 of the Tariff Act of 1930, as amended.
With
Darren Donnelly,
Adam Lewin
The United States Supreme Court unanimously lowered the threshold for obtaining attorneys’ fees in patent cases pursuant to 35 U.S.C. § 285.
With
David Lacy,
Ravi Ranganath,
Ilana Rubel,
Lauren Whittemore,
Jae Won Song,
Darryl Woo
The United States Court of Appeals for the Federal Circuit in Suprema, Inc., et al. v. International Trade Commission, Nos. 2012-1170, 2012-1026, -1124, Slip Op. December 13, 2013, issued a landmark decision limiting the statutory authority of the International Trade Commission ("ITC") to remedy indirect infringement, holding "that an exclusion order based on a violation of 19 U.S.C. § 1337(a)(1)(B)(i) may not be predicated on a theory of induced infringement under 35 U.S.C. § 271(b) where direc
The International Trade Commission now stands as the favored venue for companies, domestic and foreign alike, to obtain injunctions while avoiding the requirements imposed by eBay v. MercExchange, 547 U.S. 388, the decision setting forth the current test to determine whether an injunction based on patent infringement should be issued.
