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On vacatur and remand from the Supreme Court in light of Commil USA, LLC v. Cisco Sys., Inc., 135 S. Ct. 1920 (2015), the Federal Circuit reaffirmed that defendant Medtronic Sofamor Danek USA, Inc. (MSD) induced infringement of U.S. Patent No. 7,470,236 (“the ’236 Patent”) to NuVasive, Inc., because its belief of non-infringement was unreasonable. The decision highlights the tension faced by alleged infringers, who must balance invalidity issues where a broad construction is desirable, against non-infringement issues, where narrow constructions are desired.
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By Howard Shire and Sean McConnell
On June 29, 2023, the U.S. Supreme Court set new geographic limits for infringement and false designation of origin claims raised under Sections 1114 and 1125(a) of the Lanham Act. Given the global nature of business today, the decision highlights the need for trademark owners to continually reassess and, perhaps, expand their international trademark registration strategy as product lines and brands become more international in scope.
By Steven James and Hattie Chessher
In April 2021, a food fight broke out between two of the UK’s largest supermarkets. Marks and Spencer launched legal action against Aldi over the latter’s alleged copy of its signature “Colin the Caterpillar” cake. This article takes a look at the issues surrounding lookalikes, what the English courts have said about them and what can be done by brand owners to protect against the risks they present.
By Amir Kashani, Xuechen (Rebecca) Ding and Aseet Patel
Takeaways from 'IBM v. Zillow' from a Patent Drafting Perspective
Part Two of a Two-Part Article
In Part One of this article we discussed the IBM v. Zillow case, where IBM sued Zillow for infringing on seven IBM’s patents directed to artificial intelligence (AI) algorithms for estimating property value. The focus was on the difficulties in establishing patent infringement on specific AI algorithms, as well as the strategic advantages of including additional patent claims that target ancillary features of an AI system. In this segment, we analyze the claims made in the Zillow case and present some tips for drafting AI-related claims from the perspective of patent infringement.
By Jeffrey S. Ginsberg and Joyce L. Nadipuram
Federal Circuit Clarifies Motivation to Combine to Achieve the Claimed Invention and Holds IPR Petitioner Must Be Given Opportunity to Reply Where Patent Owner First Proposes Claim Construction In a Response