Searching Content indexed under Intellectual Property by Jonathan Tropp ordered by Published Date Descending.
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Protecting Trade Secrets When Looking For Funding - March 28, 2019
As noted in another of our articles, Venture Capital (VC) firms will generally not sign a Non-Disclosure Agreement (NDA).
United States
10 Apr 2019
Supreme Court Directs Patent Office To Change Its IPR Practice
In constraining the practice of partial institution, the Court rejected the government's argument that the Court lacked authority to review the PTAB decision.
United States
2 May 2018
Supreme Court Upholds Inter Partes Review Of Patents Under Public-Rights Theory
In Oil States Energy Servs., LLC v. Greene's Energy Grp., 584 U.S. ____ (2018), the Supreme Court upheld the constitutionality of the inter partes review (IPR) ...
United States
30 Apr 2018
A Case of Clear "Impression"
In Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189 (2017), the Supreme Court erased a line between foreign and domestic sales, while drawing a bright one between sales and licenses, thus firmly establishing patent exhaustion upon first sale.
United States
1 Jun 2017
"TC Heartland " Shifts The Patent Litigation Landscape
In TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341 (2017), the Supreme Court upended troublesome and long-standing forum-shopping practices in patent litigation, not to mention the infamous cottage industry of Marshall, Texas, home to more than one-third of all patent cases filed last year.
United States
24 May 2017
The Time Has Run On Laches Defenses Against Patent Damages
In SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods., LLC, 580 U.S. ____, 137 S. Ct. ____ (2017), the Supreme Court vacated an en banc Federal Circuit decision...
United States
28 Mar 2017
Cuozzo Puts To Rest Doubts Regarding IPR Claim Construction Standards, Leaves Narrow Scope Of Appeal Of Institution Decisions
The Supreme Court unanimously permitted the Patent Office to continue to construe patent claims according to their broadest reasonable construction in inter partes review proceedings.
United States
22 Jun 2016
Supreme Court's 'Halo' Decision Upends 'Seagate,' Enhancing Enhanced Damages
In Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously lowered the bar for recovering up to treble damages for patent infringement.
United States
20 Jun 2016
Supreme Court Finds Medical Diagnostic Method Unpatentable
In an important decision that most directly impacts the medical diagnostics industry but will also have wider reverberations
United States
4 Apr 2012
The Supreme Court Reaffirms The Clear-And-Convincing Standard For Patent Invalidity
In "Microsoft v. i4i" (S. Ct., June 9, 2011), the Supreme Court unanimously affirmed that clear and convincing evidence is needed to prove the invalidity of a U.S. patent.
United States
20 Jun 2011
The Supreme Court Retools The Test For Induced Patent Infringement
In "Global-Tech Appliances, Inc. v. SEB S.A." (S. Ct., May 31, 2011), the Supreme Court adjusted the requirements for active inducement liability for patent infringement under 35 U.S.C. § 271(b).
United States
7 Jun 2011
The Federal Circuit Redefines Inequitable Conduct
In Therasense, Inc. (now Abbott Diabetes Care) v. Becton, Dickinson and Company (Fed. Cir., May 25, 2011) (en banc), the Federal Circuit recalibrated the test for rendering a patent unenforceable based on inequitable conduct by the patentee.
United States
6 Jun 2011
Federal Circuit Defines Framework For Pre-Suit Spoliation Inquiry
In Micron Technology v. Rambus, 2009-1263 (Fed. Cir., May 13, 2011), and its companion decision, Hynix v. Rambus, Nos. 2009-1299, -1347(Fed. Cir. May 13, 2011), the Federal Circuit defined a framework for determining when a litigation has become "reasonably foreseeable," thereby giving rise to a duty to preserve documents.
United States
18 May 2011
District Court Finds "Qui Tam" Provision of Patent Marking Statute Unconstitutional
In the latest high-profile development on the false patent marking front, Judge Dan Polster of the Northern District of Ohio has held that the "qui tam" provision of the patent marking statute, 35 U.S.C. § 292(b), is unconstitutional.
United States
1 Mar 2011
The Machine-Or-Transformation Test Reaffirmed As Useful And Important
In "Prometheus v. Mayo Collaborative" (2008-1403, Fed. Cir., Dec. 17, 2010)("Prometheus II"), the Federal Circuit has, on remand from the Supreme Court, again found Prometheus' claims directed to methods of treating the human body with medication to be patent-eligible subject matter.
United States
22 Dec 2010
U.S. Supreme Court Leaves Door Open for Some Business Method Patents
The patentability of business methods has been the subject of much recent debate, and the Supreme Court weighed in this week in Bilski v. Kappos.
United States
7 Jul 2010
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