Infringement Assertions In The New World Order
Wednesday, Oct 17, 2007 — The recent Supreme Court and Federal Circuit decisions in MedImmune, eBay, and Seagate have significantly impacted the analysis, risk calculus, and practices of an accused infringer who receives a typical patent assertion letter. These cases, and their progeny, also have the potential to alter the common practice of patentees sending […]
Q&A With Amster Rothstein & Ebenstein’s Anthony F. Lo Cicero
Anthony F. Lo Cicero took time out of his busy schedule working on IP cases to talk with Law360 about patent reform, his most challenging cases and the future of IP litigation. Q. What’s the most challenging IP case you’ve worked on, and why? A. The cases that I find most difficult are those where […]
New PTO Rules on Continuing Applications and Claim examination Practice: Learning to Count to 2 (+1 RCE) and 5/25
On August 21, 2007, the U.S. Patent and Trademark Office (the “PTO”) published a final rule revising its rules of practice relating to continuing applications, requests for continued prosecution, and examination of claims (the “Final Rule”). See 72 Fed. Reg. 46,715 (Aug. 21, 2007) (to be codified at 37 C.F.R. pt. 1). The stated purpose […]
In re Seagate Technology: Willfulness and Waiver, a Summary and a Proposal
In re Seagate Technology: Willfulness and Waiver, a Summary and a Proposal
Joseph Casino and Michael Kasdan Preferred Citation: Joseph Casino and Michael Kasdan, In re Seagate Technology: Willfulness and Waiver, a Summary and a Proposal, 2007 Patently-O Patent L.J. 1, http://www.patentlyo.com/lawjournal/2007/05/in_re_seagate_t.html Introduction Almost every patent infringement complaint includes a boiler-plate notice-pleading-style charge of “willful infringement.”[1] If proven, this charge can be the basis for an award […]
Refining In U.S. Patent Law For Software
In the recently decided Microsoft Corp. v. AT&T Corp, the Supreme Court was confronted by difficult interpretative issues both as to the extraterritorial reach of the U.S. Patent Laws and their application in an increasingly digital world. In a decision that should remove any cloud, insofar as infringement of U.S. Patents are concerned, from the […]
KSR v. Teleflex, Redefining the Obvious
For the first time since the creation of the U.S. Court of Appeals for the Federal Circuit, the Supreme Court has ruled in a case involving the issue of when a new idea is obvious and therefore unpatentable—one of the fundamental pillars of U.S. patent law jurisprudence. In KSR v. Teleflex, the Supreme Court rejected […]
KSR v. Teleflex, Redefining the Obvious
For the first time since the creation of the U.S. Court of Appeals for the Federal Circuit, the Supreme Court has ruled in a case involving the issue of when a new idea is obvious and therefore unpatentable—one of the fundamental pillars of U.S. patent law jurisprudence. In KSR v. Teleflex, the Supreme Court rejected […]
Using Intellectual Property to Protect Your Web Site
These days, everyone knows that the Internet plays an important role in the world’s economy. Many businesses have started solely to serve clients through the Internet. Other more traditional brick and mortar businesses have adapted and now use the Internet to service their existing and new clients. The purpose of this article is to address […]
Courts Write History on Permanent Injunctions In Patent Actions
Monday, August 21, 2006 — In eBay Inc. v. MercExchange L.L.C., the Supreme Court, in a unanimous opinion, vacated and remanded the judgment of the Court of Appeals for the Federal Circuit which had held that there was a “general rule” that courts will issue permanent injunctions against patent infringement absent exceptional circumstances. eBay Inc. […]