IP News
Federal Circuit: 'Universal Acceptance' of a Principal Does Not Overcome Language of Claims and Specification<br>Federal Circuit: Routine Mental Steps Carried Out By Computer Outside the Scope of Section 101 <br>Federal Circuit Retains De Novo Review of Claim Construction
Sup. Ct. Rules Burden of Proof Remains with Patent Owner
The Supreme Court began 2014 by reversing the Court of Appeals for the Federal Circuit's decision in <i>Medtronic, Inc. v. Mirowski Family Ventures, LLC,</i> holding that the burden of proof on infringement remains with the patent owner even when a licensee files a declaratory judgment suit seeking a judgment of no infringement.
The Application of 365(N) to Cross-License Agreements
Last month, Part One of this Article detailed the effect of applying section 365(n) to cross-license agreements. Part Two herein discusses the problems that section 365(n) presents to debtors who are party to cross-license agreements..
<i>Pom v. Coke</i> Could Create a Juicy Precedent on Food Labels
Food companies will be watching closely a Supreme Court case this spring that could establish the fate of private causes of action challenging food labeling. While the case focuses on federal law, it also has implications for state causes of action. In particular, the class action bar has been prolific in its challenges to food labels, and this case could affect the future viability of such actions.
IP News
Supreme Court Overturns Burden-Shift in Non-Infringement Judgment <br>Federal Circuit Clarifies Rules for Patent Term Extension<br>Federal Circuit Confirms That All Members of a Priority Chain Must Recite Full Lineage
Supreme Court Grants <i>Cert</i> in <i>Aereo</i> Case
<i>Aereo</i>may turn out to be one of the most important copyright decisions since enactment of the Copyright Act of 1976, with potential wide-ranging ramifications for the television industry and the fast-growing cloud computing industry.
The Application of 365(n) to Cross-License Agreements
The Fourth Circuit's recent decision in <I>Jaffe v. Samsung Electronics Co., Ltd.</I> has drawn attention to the integral role section 365(n) of the Bankruptcy Code plays in protecting the rights of non-debtor counterparties to patent cross-license agreements.
Federal Circuit Limits ITC's Indirect Patent Infringement Authority
On Dec. 13, 2013, the United States Court of Appeals for the Federal Circuit issued a landmark decision limiting the statutory authority of the International Trade Commission (ITC) to remedy indirect infringement, holding "that an exclusion order based on a violation of 19 U.S.C. '1337(a)(1)(B)(i) may not be predicated on a theory of induced infringement under 35 U.S.C. '271(b) where direct infringement does not occur until after importation of the articles the exclusion order would bar."