Brief for Amicus Curiae New York Intellectual Property Law Association in Association for Alice Corporation PTY. LTD. v. CLS Bank International, et al., (U.S. Oct. 07, 2013)
Click to download PDF: "Brief for Amicus Curiae New York Intellectual Property Law Association in Association for Alice Corporation PTY. LTD. v. CLS Bank International, et al., (U.S. Oct. 07, 2013)"
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Eastern District of Texas Adopts An Optional Track B Case Management Procedure
Chief Judge Davis of the United States District Court for the Eastern District of Texas (“EDTX”) has issued General Order 14-3, which creates an optional “Track B” case management schedule to expedite patent infringement litigation. Track B is an alternative to “Track A,” the procedure established by the EDTX Patent Local Rules. This development is […]
Practice Note: Patent Infringement Claims and Defenses
A practice note discussing patent infringement claims and defenses in the US federal courts. It provides an overview of direct and indirect infringement claims, claim construction and key defenses under US patent law. It also includes a brief discussion of procedural considerations, remedies and alternative forums for patent dispute resolution. Click here to download
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Federal Circuit In Lighting Ballast Confirms De Novo Claim Construction Standard of Review
For the first time in over 8 years since the court’s decision in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc), the full United States Court of Appeals for the Federal Circuit has issued an en banc decision on claim construction. In Lighting Ballast Control LLC v. Philips Elecs. N. Am. […]
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Patentee Bears Burden Of Proving Infringement Even When A Licensee Sues For A Declaratory Judgement Of Non-Infringement
On January 22, 2014, in Medtronic, Inc. v. Mirowski Family Ventures, LLC, No. 12-1128, the U.S. Supreme Court unanimously ruled that even when a licensee in good standing seeks a declaratory judgment against a patentee that its products do not infringe the licensed patent, the patentee bears the burden of persuasion on the issue of […]
CLS Bank Ruling Provides No Guidance On Patent Eligibility
Law360, New York (May 13, 2013, 11:50 AM ET) On May 10, 2013, the U.S. Court of Appeals for the Federal Circuit released its highly anticipated decision in CLS Bank International v. Alice Corp. Pty. Ltd., No. 2011-1301 (Fed. Cir. May 10, 2013) (“CLS III”), concerning the patent eligibility of computer implemented claims under 35 […]
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U.S. Supreme Court Grants Certiorari in Alice v. CLS Bank to Address the Patent-Eligibility of Computer Implemented Inventions
On December 6, 2013, the U.S. Supreme Court granted certiorari in Alice Corporation Pty. Ltd., v. CLS Bank Int’l, et. al, No. 13-298 (U.S. Dec. 6, 2013) (“CLS IV”). The case relates to the patent-eligibility of computer-implemented inventions under 35 U.S.C. § 101. The four patents at issue involve system, method, and media claims for a […]
In The Press: Amster, Rothstein & Ebenstein LLP is pleased to announced that partners Daniel Ebenstein, Anthony F. Lo Cicero and Charles R. Macedo have been named IP Stars by Managing IP for 2013
Click here to view the listing in the Managing Intellectual Property IP Handbook. Managing Intellectual Property IP Handbook, www.miphandbook.com
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Google Book Scanning Found To Be Fair Use
On November 14, 2013, Judge Denny Chin—now of the of the U.S Court of Appeals for the Second Circuit, but retaining jurisdiction in the U.S. District Court for the Southern District of New York—upheld the legality of Google Books in the class action copyright infringement suit commenced in 2005 by the Authors Guild, Inc., et […]
ARE Patent Law Alert: Unanimous U.S. Supreme Court Decision on Patent Exhaustion Upholds Patentee’s Rights in Case Regarding Patented Self-Replicating Technologies
On May 13, 2013, the Supreme Court of the United States issued a unanimous decision in Bowman v. Monsanto Co., No. 11-796, holding that the doctrine of patent exhaustion does not permit a farmer to reproduce patented seeds by planting and harvesting them without the patent holder’s permission. The Court, in an opinion written by […]