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  • Article

    Life And Annuity Series: ERISA—Shape Of Things To Come

    The class action complaint titled Bell v. Anthem, Inc., et al. (S.D. Indiana) raises a number of novel ERISA allegations that could be a preview of the future, especially if the DOL fiduciary rule is adopted this year.
    United StatesInsurance
    WilmerHale
    WilmerHale
  • Article

    CAFC Patent Cases, 12/29/20 – 1/11/21

    Prost, J. Affirming dismissal because claims were ineligible under § 101.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
Article

Claim Constructions In PTAB Vs. District Court

With the advent of post grant proceedings implemented by the U.S. Patent and Trademark Office according to the America Invents Act of 2011, there has been much focus on claim construction issues and the interplay between the PTO proceedings and parallel district court proceedings involving the same patents.
United StatesIntellectual Property
WilmerHale
WilmerHale
  • Article

    Claim Limits And Claim Narrowing: Tools That Promote Efficiency And Fairness

    In an article published in the Intellectual Property & Technology Law Journal, Partners Michael Summersgill and Amanda Major, Counsel Harry Hanson and Senior Associate Hannah Santasawatkul propose...
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Context Is Everything: Evaluating Different Approaches Toward Attorneys' Fees

    This article looks at relevant data for attorneys' fees awards in copyright law and provides a comparison and contrast to the attorneys' fees award standards and considerations in patent and trademark law.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Defending Wilful Patent Infringement In 2013

    The potential threat of treble damages and attorney fees awards for wilful patent infringement has always been a significant concern for companies accused of patent infringement, particularly since the willfullness determination was generally viewed as a factual question to be submitted to the jury.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Federal Circuit Patent Update - December 31, 2018

    Chen, J. Affirming the PTAB's decision that the patent applicant's claims were correctly rejected under 35 U.S.C. § 101 for claiming patent-ineligible subject matter.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Federal Circuit Patent Update – March 12, 2019

    Summaries of and links to recent precedential and informative opinions.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Federal Circuit Patent Updates - July 2017

    Reyna, J. Reversing district court's refusal to award attorneys fees to defendant. The district court abused its discretion by failing to follow Court's mandate from prior appeal to evaluate the totality...
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Federal Circuit Patent Watch: Allegations Of Induced Infringement Can Be Based On Skinny Label In Combination With Public Statements And Marketing Materials

    Stark, J. The Court affirmed the district court's dismissal of multiple, related patent infringement cases for failure to state a claim based on subject matter ineligibility of the patent claims.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Federal Circuit Patent Watch: Conclusory Expert Testimony Insufficient To Support Entire Market Value Rule For One Small Component Of One Portion Of Large System

    Moore, J. The Court reversed the denial of judgment as a matter of law of noninfringement and willfulness and also reversed the denial of a new trial on damages.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Federal Circuit Patent Watch: Demand Letters And Personal Jurisdiction

    Stoll, J. Affirming sanctions that excluded portions of patent owner's expert reports due to failure to disclose predicate facts during discovery. Also affirming sanction that...
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Federal Circuit Patent Watch: Experimental Use Doctrine And Motivation To Combine

    Prost, J. Vacating in part a judgment of infringement because the district court erred in finding that a pre-critical date offer was experimental use.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Federal Circuit Patent Watch: The Patent Act Defines "Inventor" As Limited To Natural Persons

    Chen, J. Affirming district court decisions regarding award of attorneys' fees pursuant to inherent equitable powers. Following certain adverse patent eligibility rulings in the District...
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Feeding And Generating AI Creates Patent Application Challenges

    In an article published by Bloomberg Law, Partners Heather Petruzzi and Deric Geng, Senior Associate Akkad Moussa and Katherine Nesler and Associate Xinni Cai examine AI's role in patent applications.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Four Important Strategic Considerations For Inter Partes Review Proceedings

    Among the changes to the US patent law from the 2011 America Invents Act (AIA) is the inter partes review (IPR) proceeding. An IPR allows a third party, who has not previously filed a civil action challenging the validity of a claim of the patent, ..
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Google Victory Is First Step To Address Patent Damages Imbalance

    Patents are a mutually beneficial agreement between inventors and the government. Each side makes concessions in service of their own, and the greater, good.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Here We Go Round the Merry-Go-Round: How a § 101 Denial May Inform A Subsequent Motion

    With the explosion of 35 U.S.C. § 101 challenges since Alice v. CLS Bank,1 litigants and courts are well familiar with its applicable two-part inquiry.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    How To Deliver A Stellar Opening Statement In A Patent Trial

    Opening statements are arguably the most important part of a patent trial. But attorneys who tell an interesting story, stay out of the weeds and make a connection with jurors are setting themselves up for success.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Identification Of Cases In Comments To Proposed Rule Change Is Consistent With Prior Guidance In PTAB Practice Guide

    The U.S. Patent and Trademark Office issued the Patent Trial and Appeal Board Practice Guide which addressed the PTO's determination of privity and RPI.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale

    • Showing 821–840 of 4423 results

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