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 […]
In The Press: IPLaw360 Reports On Amicus Briefs Supporting Petition For Certiorari Filed By Charles R. Macedo And Sandra A. Hudak At The Firm
Law360 reported on two amicus briefs filed by Jawbone and US Inventor (on behalf of several inventors’ groups) in support of the petition for a writ of certiorari that partner Charles R. Macedo and associate Sandra A. Hudak of Amster Rothstein & Ebenstein LLP filed on behalf of Broadband iTV, Inc. Justices Urged To Define […]
In The Press:IP Watch Reports on US, EU Diverge On Medical Diagnostic Patents
10/05/2017 BY KIM TREANOR FOR INTELLECTUAL PROPERTY WATCH LEAVE A COMMENT Share this Story: IP-Watch is a non-profit independent news service, and depends on subscriptions. To access all of our content, please subscribe now. You may also offer additional support with your subscription, or donate. A recent article in the journal Nature Biotechnology finds that since a key United […]
In The Press:LAW360 REPORTS ON IPR INSTITUTION DECISION IN FAVOR OF FIRM’S CLIENT ASKELADDEN LLC AGAINST N5 TECHNOLOGIES, INC.
Law360 reported on an institution decision in favor of the firm’s client Askeladden LLC by the Patent Trial and Appeal Board (PTAB) in an inter partes review proceeding filed by partner Charles R. Macedo and senior counsel Mark Berkowitz of Amster Rothstein & Ebenstein LLP. Askeladden Wins PTAB Review Of User Authentication Patent (Subscription […]
95th Annual Dinner in Honor of the Federal Judiciary
Anthony F. Lo Cicero, Charles Macedo, David Goldberg Each year, the New York Intellectual Property Law Association (“NYIPLA”) hosts its annual dinner in honor the Federal Judiciary. This year, the 95th Annual Dinner in Honor of the Federal Judiciary will be held at: New York Hilton Midtown Amster, Rothstein & Ebenstein LLP is pleased to support […]
ARE Patent Law Alert: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 Trademark Law Alert Federal Circuit Reverses Trademark Trial and Appeal Board Holding that Providing Software May Constitute Providing a Service
On December 12, 2016, the United States Court of Appeals for the Federal Circuit issued its decision in In re: Jobdiva, Inc., vacating the decision of the Trademark Trial and Appeal Board (the “Board”) which cancelled JobDiva’s trademark registrations in connection with “personnel placement and recruitment services” based on abandonment. The Court vacated the Board’s […]
Jury returns verdict for Google in question of fair use of Oracles code
Oracle Am., Inc v Google Inc, No C 10-03561 WHA, 2016 U.S. Dist. LEXIS 74931 (Northern District of California, 8 June 2016) (Oracle III) Abstract On 26 May 2016 a jury returned a verdict that upheld Google’s fair use defence in a long-running copyright dispute brought by Oracle over Google’s misappropriation of certain Java code. The […]
ARE Patent Law Alert: Federal Circuit Applies Supreme Court’s Enhanced Damages Standard in Patent Cases Remanded from the Supreme Court
On June 13, 2016, the United States Supreme Court issued a joint decision in Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer, Inc., (“Halo”), unanimously rejecting the United States Court of Appeals for the Federal Circuit’s Seagate test for enhanced damages in patent cases. In both cases, the Court vacated the […]
Supreme Court Clarifies Lost Profit Remedy for Design Patent Infringement
Samsung Electronics Co., Ltd. v. Apple, Inc. Abstract On December 6, 2016, the United States Supreme Court issued its decision in Samsung Electronics Co., Ltd. v. Apple Inc., unanimously reversing the United States Court of Appeals for the Federal Circuit’s decision which affirmed the award to Apple of $399 million in damages for Samsung’s design […]