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  • | The Intellectual Property Strategist

    Patent Eligibility of User Interfaces

    September 01, 2018 |

    Advances in UI Design Can Provide Key Competitive Differentiation and Advantage, Which Makes Protecting Them Critically Important from a Business Perspective

    Advances in UI design can also provide key competitive differentiation and advantage, helping to distinguish otherwise commoditized products and services such as computers, Web services, wearables, and appliances. Given this advantage, protecting advances in UI design can also be critically important from a business perspective.

  • | The Intellectual Property Strategist

    IP News

    September 01, 2018 |

    Federal Circuit Remands for Further Proceedings to Determine Whether RPX's Petitions for IPR Were Time Barred For Failing to Identify Its Client As a 'Real Party in Interest'
    Federal Circuit Holds that Common Law Tribal Sovereign Immunity Cannot Shield a Patent in IPR Proceedings,br>Federal Circuit Holds that an Unsuccessful IPR Petitioner Must Show 'Concrete Plans' for Future Potentially-Infringing Activity in Order to Demonstrate Article III Standing to Appeal PTAB's IPR Decision

  • | The Intellectual Property Strategist

    Foreign Lost Profits Recoverable for Patent Damages

    August 01, 2018 |

    The U.S. Supreme Court recently held that a patent owner may recover lost foreign profits for infringement under 35 U.S.C. §271(f)(2). The holding in WesternGeco LLC v. ION Geophysical rejects the Federal Circuit's categorical exclusion of lost profits damages for foreign sales, and expands the potential for increased damages from domestic competitors operating in foreign markets.

  • | The Intellectual Property Strategist

    Supreme Court to Review Post-AIA On-Sale Bar

    August 01, 2018 |

    The U.S. Supreme Court agreed to consider a question raised by Helsinn Healthcare: whether, under the Leahy-Smith America Invents Act (AIA) an inventor's sale of an invention to a third party that is obligated to keep the invention confidential qualifies as prior art for purposes of determining the patentability of the invention.

  • | The Intellectual Property Strategist

    IP News

    August 01, 2018 |

    Federal Circuit Holds That Tribal Sovereign Immunity Cannot Be Asserted in IPR Proceedings
    Citing 'Steep Burden' on Plaintiffs, Federal Circuit Denies Use of 'Entire Market Value Rule' in Cases Involving Multicomponent Products

  • | The Intellectual Property Strategist

    Affirmation of the Alien Venue Rule

    July 01, 2018 |

    In re: HTC Corporation

    The Federal Circuit recently addressed motions to transfer and drew a distinction between motions based upon the convenience of parties and witnesses and those for improper venue. It also clarified that the Supreme Court's recent decision in TC Heartland did not supplant the long-standing rule that venue laws do not protect foreign defendants.

  • | The Intellectual Property Strategist

    IP News

    July 01, 2018 |

    A Split Federal Circuit Panel Finds That Petitioner Has Standing to Challenge PTAB's Final Written Decision and That Petitioner Properly Submitted Evidence on Reply
    Federal Circuit Rejects Patent Owner's Time-Bar Defense Based on Privity
    Federal Circuit Finds That District Court May Rely on a Ground Not Raised by Any Party in Granting a Motion for Summary Judgment of Invalidity