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Columns & Departments

IP News Image

IP News

Jeff Ginsberg & George Soussou

Federal Circuit: Collateral Estoppel Can Apply to Patents With Claims Similar To Those in Previously Litigated<br>Federal Circuit Uses 'Rule of Reason' To Determine Patent Owner Had an Early Reduction to Practice

Features

Patent Lost Profit Damages and Apportionment Image

Patent Lost Profit Damages and Apportionment

Amy Proctor & Molly Russell

<b><i>Split Federal Circuit Declined to Reconsider Panel's Decision that Lost Profits Based on the</i> Panduit <i>Factors Are Fully Apportioned</b></i><p>On Sept. 1, 2017, a split Federal Circuit declined to rehear a panel decision in <i>Mentor Graphics Corp. v. EVE-USA, Inc.</i>, a case that could have significant implications for lost profit damages and apportionment.

Features

Tactical Considerations for Patent Owner Responses in IPRs Image

Tactical Considerations for Patent Owner Responses in IPRs

Susan Perng Pan

U.S. Patent Office statistics show that the PTAB has found at least one claim of a challenged patent to be unpatentable in over 80% of IPRs. Given these odds, and the fact that institution of an IPR is not appealable, a patent owner's best shot at preserving its patent rights intact is to defeat institution of the IPR trial in the first instance.

Columns & Departments

IP News Image

IP News

Howard J. Shire

Federal Circuit Throws Out District Court's Test for “Place of Business” for Purposes of Determining Venue in Patent Cases

Features

Is This Really Patentable? Image

Is This Really Patentable?

Louis L. Touton, Steven J. Corr & Nickou Oskoui

<b><i>Strategies to Defend Against Patent Claims by Raising Lack of Patentable Subject Matter in District Court Litigation</b></i><p>With the Supreme Court's decision in <i>Alice</i>, parties defending against a claim of patent infringement gained a potential way to find an early resolution to patent litigation.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & Dorothy LeRay

Fed. Cir. Vacates Lack of Written Description Ruling In Interference<br>Federal Circuit Vacates Unclear Application of “Causal Nexus” Requirement to Prove Irreparable Harm

Features

The Impact of <i>TC Heartland</i> on Copyright Venue Image

The Impact of <i>TC Heartland</i> on Copyright Venue

J. Alexander Lawrence

The Supreme Court sparked a seismic shift in patent litigation recently when it upset the long-standing interpretation of 28 U.S.C. §1400(b), the special patent venue statute. TC Heartland held that for the purposes of patent venue, the meaning of "resides" in Section 1400(b) is not supplemented by the broad definition of "resides" in the general venue provision, 28 U.S.C. §1391.

Features

<b><i>Online Extra</b></i><br> After Years of Setbacks, Patent Owners Try to Turn Tide in Congress Image

<b><i>Online Extra</b></i><br> After Years of Setbacks, Patent Owners Try to Turn Tide in Congress

Scott Graham

Patent owners have taken control of the patent reform debate in the 115th Congress, but it's not clear yet who's supposed to be listening.

Features

Patent Infringement Image

Patent Infringement

Christopher Gaspar & Sean Hyberg

<b><i>Supreme Court Turns Back Clock</b></i><p>Although <i>TC Heartland v. Kraft Foods </i> answers the question of where a domestic corporation resides in patent infringement cases, it does not fully answer the question of where proper venue lies.

Features

<b><i>Online Extra</b></i><br> Snap Accused of Infringing Patents With Snapchat Tech Image

<b><i>Online Extra</b></i><br> Snap Accused of Infringing Patents With Snapchat Tech

Tom McParland

A Texas company has accused Snap Inc. of infringing four patents with systems that allow Snapchat users to scan "Snapcodes" and add friends on the popular social networking app.

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