Patent Law Alert:
SUPREME COURT REVERSES FEDERAL CIRCUIT’S DEFINITION OF CORPORATE RESIDENT FOR PURPOSES OF PATENT VENUE
(May 22, 2017) The U.S. Supreme Court issued a unanimous (8-0) decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. __ (May 22, 2017) addressing venue in patent infringement cases. The patent venue statute, 28 U. S. C. §1400(b), provides that: “[a]ny civil action for patent infringement may be brought in […]
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Supreme Court Clarifies Standard of “Separability†for Copyright Protection for Features Incorporated into Design of Useful Article
On March 22, 2017, the Supreme Court of the United States issued its decision in Star Athletica, L.L.C. v. Varsity Brands, Inc., affirming the decision of the United States Court of Appeals for the Sixth Circuit which held that graphic designs appearing on cheerleading uniforms were copyrightable. Slip op. at 2-3. The Court provided long […]
Supreme Court rejects Seagate test for enhanced damages in patent cases
Halo Electronics, Inc v Pulse Electronics, Inc, No. 14-1513 and Stryker Corp. v Zimmer, Inc, No. 14-1520, 2016 US LEXIS 3776, US 13 June 2016 Abstract On 13 June 2016, the United States Supreme Court issued a joint decision in Halo Electronics, Inc v Pulse Electronics, Inc, No. 14-1513 and Stryker Corp. v Zimmer, Inc, No. […]
US Supreme Court clarifies attorney’s fees standard under section 505 of the Copyright Act
Kirtsaeng v John Wiley & Sons, Inc, No 15–375, 2016 US Lexis 3922 (US 16 June 2016) Abstract On 16 June 2016, the US Supreme Court delivered an opinion addressing the appropriate standard for the attorney fee shifting provision of the Copyright Act, 17 USC § 505. Writing for a unanimous cou rt, Justice Kagan agreed […]
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USPTO Updates Guidance on Patent Subject Matter Eligibility With New Examples Of Patent-Eligible Subject Matter
As we reported last November, the U.S. Patent and Trademark Office (“PTO”) has continued to update its guidance to examiners on patent-eligibility under 35 U.S.C. § 101 as the Federal Circuit continues to issue decisions providing examples of patent-eligible subject matter. In December, the PTO issued additional guidance including: · Subject Matter Eligibility […]
ARE Patent Law Alert: Federal Circuit Reverses District Court on Patent Eligibility, Finding a Biological Method Patent Eligible
On July 5, 2015, the Federal Circuit released a decision in Rapid Litigation Management Ltd., formerly Celsis Holdings, Inc. v. Cellzdirect, Inc., No. 2015-1570 (Fed. Cir. July 5, 2016). The case continues the Federal Circuit’s recent trend of decisions in favor of patent eligibility. On May 12, 2016, the Federal Circuit confirmed that not all […]
Mobile Device and Applications Key Laws Chart
A chart listing key statutes and regulations that apply to mobile devices and mobile applications (apps). It provides an overview of the circumstances that trigger application of each statute or regulation as well as key requirements and restrictions. This Chart provides a high-level overview of key statutes that mobile app developers, operators and other stakeholders, […]
ARE Patent Law Alert: Brexit Will Likely Have No Impact on European Patents in UK, But Will Likely Have an Impact on Proposed Unitary Patent System
In a nationwide referendum held on Thursday, June 23, 2016, the United Kingdom voted to leave the European Union (so-called Brexit). The result of this referendum is not legally binding on the UK government. Nevertheless, UK Prime Minister David Cameron, who had advocated the UK’s continued participation in the EU, has now resigned and it […]
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In Unwired Planet v. Google, the Federal Circuit Rejected the PTAB’s Expansive View of “Covered Business Method†Patent
A “covered business method” (CBM) patent review is one of several post-grant trial proceedings established under the America Invents Act (AIA) that is conducted at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (PTO). A patent is qualified for CBM patent review only if it is a “covered business […]
ARE Trademark Law Alert: Brexit Will Have a Long-Term but Not an Immediate Impact on EU and UK Trademark Rights
On Thursday, June 23, 2016, United Kingdom citizens voted by a 52% to 48% margin to leave the European Union. This referendum on the UK’s continued participation in the EU, which was promised by Prime Minister David Cameron during his 2015 election campaign, is not legally binding on the UK government. Nevertheless, Cameron, who thought […]