Steve Lipman – Guest Author of PatentAttorney.com Steve Lipman has practiced for more than 40 years in intellectual property litigation, acquisition, and counseling in DC, VA, NY, and BOS. Steve began in the Federal Government with the USPTO and then in private practice as an equity partner in four law firms. He has served […]
On April 19, 2016, the United States Patent and Trademark Office (“USPTO”) hosted the 10th annual Design Day, a day-long seminar covering updates and developments in the design patent world. The free event was well attended, drawing practitioners and designers from throughout the country and even internationally, in addition to a number of patent examiners […]
The Supreme Court of the United States is set to hear oral argument in Cuozzo Speed Technologies, LLC v. Lee on April 25, 2016. The landmark case is the first opportunity The Supreme Court will have to weigh in on the constitutionality of the non-appealable provisions of the America Invents Act and the USPTO’s use […]
Patent Assertion Entities (PAEs, a subset of non-practicing entities commonly referred to as “patent trolls”) are generally defined as entities that generate revenue by monetizing intellectual property rights without commercializing any product or service. In other words, PAEs exploit their patent portfolio through the negotiation of licenses and litigation rather than through the development and […]
In re TC Heartland LLC is a case recently heard before the Federal Circuit and having to do with the venue statute for patent cases, 28 U.S.C. § 1400(b). Specifically, this section indicates that there are two tests for proper venue in a patent case; venue is proper in (1) the district where the defendant […]
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 […]
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 […]
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 […]
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 […]
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 […]