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Features

Amending Patent Claims in Post-Grant Trial Proceedings Image

Amending Patent Claims in Post-Grant Trial Proceedings

Cynthia Lambert Hardman

<b><i>What You Need to Know</i></b><br>The America Invents Act gave patent owners the right to move to amend their patent claims. To date, however, this right has been more illusory than real. Given their dismal success rate so far, many hope that the tide will turn in favor of granting more motions to amend.

Features

Joint Infringement Post-Akamai: Understanding the Impact on Prosecution and Litigation Strategies Image

Joint Infringement Post-Akamai: Understanding the Impact on Prosecution and Litigation Strategies

Matthew Becker, Norman F. Hainer Jr. & David K. Ludwig

This two-part article aims to deconstruct the new joint infringement standard, provide insight into how the standard might be interpreted and provide practice tips for prosecution and litigation. Part 1 chronicles the <i>Akamai</i> cases that ultimately resulted in a new standard for joint infringement and explores the potential interpretations of that standard.

Features

<b><i>Online Extra</b></i><br>Apple Loses to Samsung in Supreme Court Design Patent Case Image

<b><i>Online Extra</b></i><br>Apple Loses to Samsung in Supreme Court Design Patent Case

Tony Mauro

The U.S. Supreme Court unanimously ruled in favor of Samsung Electronics on Dec. 6 in its titanic patent dispute with Apple Inc. over design features copied from Apple iPhones.

Features

Expanded Means-Plus-Function Analysis Presents New Opportunities and Challenges Image

Expanded Means-Plus-Function Analysis Presents New Opportunities and Challenges

Joshua D. Curry & Kate E. Hart

The Federal Circuit's <i>en banc</i> decision in <i>Williamson v. Citrix Online</i> expanded the potential application of 35 U.S.C. §112, ¶6, making it more likely that functional claim language will be construed as a means-plus-function limitation even in the absence of the word "means." This article discusses recent decisions applying <i>Williamson</i> and provides practical insights and strategies for patent owners and accused infringers to consider when addressing the expanded application of §112, ¶6.

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MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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