Latest Articles
Goodyear and Its Effects
Goodyear Dunlop Tires Operations, S.A. v. Brown is a recent Supreme Court case in which the Court held that foreign manufacturers’ sales of a limited quantity of goods in a state did not subject the manufacturers to personal jurisdiction in that state for deaths of state residents that occurred outside the state and were caused […]
April Fools Rules: The Final PTAB rules
The United States Patent and Trademark Office has issued the final Patent Trial and Appeal Board (PTAB) rules. Some of the notable changes include modifications away from page-limits towards a total word count limit. The office noticed that there was some perceived gamesmanship occurring with page formatting. The total word count limit brings a petition […]
Don’t Sell This IPR Strategy Short
Recognized for his business acumen when predicting the 2008 subprime mortgage crisis, hedge fund manager J. Kyle Bass is now attempting to capitalize on the pro-petitioner tendencies of the Patent Trial and Appeal Board (PTAB), notoriously dubbed the patent “death squad.” Earlier this year, Bass founded the Coalition for Affordable Drugs to target patents that […]
The Supreme Court rules that patent licensing beyond its terms is anti-competitive
In, Kimble v. Marvel, The Supreme Court considered anti-competitive concerns to patent licensing contracts beyond the term of a patent. Stated another way the case is about post-expiration patent royalties. The US has had a longstanding ban on such royalties, as a result of the holding in Brulotte v. Thys Co., that identified them as […]
The Supreme Court rules that Belief in Invalidity is Not a Defense to Induced Infringement
In Commil USA, LLC v. Cisco Systems, Inc., the U.S. Supreme Court held that a defendant may not assert a good-faith belief in a patent’s invalidity as a defense against liability for inducing infringement. Inducement requires not just knowledge of the patent-in-suit, but also knowledge that the induced acts are infringing. Because infringement and validity […]