Patent Litigation

Federal Circuit: Affirms Preliminary Injunction on Cancer Assays Federal Circuit: Affirms Judgment of Unpatentability on the Pleadings for Claims Directed to Method of Assisting an Investigator in Conducting a Background Investigation

The Act is intended to guard against patent trolling and creates a private cause of action for those targeted by bad faith infringement assertions and contemplates two types of relief: remedies and a bond requirement.

The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.

Federal Circuit Sitting en banc Overrules Long-standing Test for Assessing Obviousness of Design Patents and Adopts the Same Framework Established for Utility Patents Federal Circuit Affirms District Court's Grant of §285 Fees Request for Fees Incurred in Litigation and Denial of Fees Request for Fees Incurred In a Parallel IPR Proceeding

The downfall of the Rosen-Durling test will generally make it harder to obtain design patents and easier to invalidate design patents.

Federal Circuit Weighs On the Patentability of Claims to Targeted Advertising Federal Circuit Clarifies the Result-Effective Variable Doctrine

A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for "patent trolls" — the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits — against filing cases in Delaware going forward.

Each decision involves reversal of a prior art rejection and contrasts with the other decisions on subject matter eligibility, revealing different PTAB approaches and results that can inform prosecution and appeal strategies.