ARE Patent Law Alert:President Obama Signs Leahy-Smith America Invents Act into Law: Overview of Provisions Now In Effect
On Friday, September 16, 2011, President Obama signed the Leahy-Smith America Invents Act (“the Act”) into law. (See ARE Alert: Overview of the Leahy-Smith America Invents Act on Patents). Now that the Act has been enacted, several of its provisions, including provisions regarding false marking claims, multi-defendant joinder practices, and the best mode defense, are […]
Practice Note: Patent Infringement Claims and Defenses (Updated for America Invents Act)
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 the […]
In the Press:
Technology Transfer reports on ARELAW Alert
Technology Transfer reports on ARELAW Alert by
‘Clear and convincing’ evidence standard still applies to US patent validity challenges
Abstract The US Supreme Court confirms that ‘presumption of validity’ of US patents means that ‘clear and convincing’ evidence standard applies to patent validity challenges. Legal context A prior Current Intelligence, XML Feature in Microsoft Word Permanently Enjoined in US Patent Case, JIPLP (2010) 5 (4): 210–2, reported a decision by the US Court […]
In The Press:
Michael Kasdan quoted in IP Law 360 article, 2nd Circ. Counsel Ruling Could Upend Google Books Deal
Law360, New York (September 8, 2011) — A ruling rejecting a copyright settlement between freelance writers and electronic database operators, in which the Second Circuit held that the plaintiffs’ subclasses must have separate counsel, could upend settlement negotiations in a similar, closely watched case involving Google Books, attorneys say. When the proposed settlements in the […]
ARE Patent Litigation Alert: Recent Applications of the Bilski Test for Patentable Subject Matter by The Federal Circuit and District Courts
Two recent decisions, one by the Federal Circuit and one by a district court, illustrate how court’s are applying the flexible test for patentable subject matter set forth in Bilski v. Kappos, 130 S. Ct. 3218 (2010). First, in CyberSource Corp. v. Retail Decisions, Inc., — F.3d — (Fed. Cir. 2011), the Federal Circuit considered […]
In The Press:
JIPLP reviews The Corporate Insider’s Guide to U.S. Patent Practice
JIPLP reviews The Corporate Insider’s Guide to U.S. Patent Practice by Partner
ARE Patent Litigation Alert:Federal Circuit Takes A Second Divided Infringement Case En Banc
On May 26, 2011, the U.S. Court of Appeals for the Federal Circuit continued signaling its intention to reevaluate the state of the law regarding divided infringement when it agreed to hear McKesson Technologies Inc. v. Epic Systems Corp. en banc on an expedited schedule in view of the pending en banc review of Akamai […]
In the Press:
Mobile Marketer turns to partner Charles Macedo for his thoughts on the strategy behind Apple’s patent infringement lawsuit against Samsung over mobile phone technology.
Mobile Marketer turns to partner
In The Press:
Judge Rules K-C Absorbent Fiber Patents Invalid
Click Kenneth George said. “Judge Caldwell’s decision rests squarely with the line of cases finding similar terminology indefinite.”