ArticleBig Hunk A' Love? Not From The KingBen Franklin, certainly. Abe Lincoln, sure. But the King? Not so fast, gunslinger.United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleFederal Circuit Rejects PTAB Test For Determining Whether Patent Is "Covered Business Method"In Unwired Planet, LLC v. Google Inc., the Federal Circuit recently held that the PTAB definition of a CBM was inconsistent with the statutory language of the America Invents Act (AIA). United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleThe Phantom Lives! TTAB Reverses Patent Office, Restores Enterprise's Modified MarkEnterprise Holdings sought to register a proposed new version of the familiar mark they use for their consumer automobile rental brand ENTERPRISE, but with a key difference.United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleStrategies For Post-Grant ReviewThe America Invents Act (AIA) introduces several new procedures for challenging the validity of an issued patent before the US Patent and Trademark Office (USPTO), with the intention of reducing the time and expense associated with litigation. United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleNot Every Party Will Have Article III Standing In An Appeal From A PTAB Final Written DecisionThe Patent Trial and Appeal Board ("PTAB") found the asserted claims of U.S. Patent No. 8,337,856 ("the '856 patent") are nonobvious in a final written decision.United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleU.S. Supreme Court To Review Willful Infringement Standard In Patent CasesThe patent owner petitioners in Halo and Stryker assert that the Federal Circuit has impermissibly restricted the discretion of district courts to only enhance damages under § 284 if the infringement is found to be willful. United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleFederal Circuit Holds Hatch-Waxman ANDA Filing and Certification Are Sufficient Contact to Confer Personal Jurisdiction in DelawareOn Friday March 18, the Federal Circuit issued an opinion in a pair of appeals involving the contours of personal jurisdiction in Hatch-Waxman litigation ..United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleFirst-To-File Cautions And StrategiesWhen the U.S. Patent and Trademark Office (USPTO) adopted the America Invents Act (AIA) "first-to-file" system on March 16, the following scenarios became reality.United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleVirtual Patent MarkingUnited States law has long held that marking a product with a patent number gives the public constructive notice of a patent. If a patented product is not marked with the patent number by the patent owner, damages for infringement will be limited to the period after the patent owner gives actual notice to an infringer.United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleFederal Circuit Confirms Judicial Review On PTAB's CBM InstitutionOn April 4, 2017, the United States Court of Appeals for the Federal Circuit ("CAFC") denied Google's petition for rehearing en banc. Unwired Planet, LLC v. Google Inc., ___ F.3d. ___, Case No. 2015-1812.United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleIP: Did Vimeo Drift Outside The DMCA's Safe Harbor?Because Vimeo employees were aware of infringing content, a judge ruled the company could be held liable.United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleThe Philips Standard Should Apply Upon Expiration Of A Patent During ReexaminationThe Federal Circuit held that the Board should have applied the Philips standard of claim construction when the patent at issue expired during reexamination. United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleWhen Your Export Business Suddenly Becomes Substantial: Are Your Export Commodities Substantial Enough To Induce Infringement Under §271(F)(1) Of The Patent Act?35 U.S.C. § 271(f)(1) requires that an accused infringer supply "all or a substantial portion of the components of a patented invention" for combination outside the United States.United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleFederal Circuit Upholds Claims To Isolated DNA Molecules (Again)On August 16, 2012, the Federal Circuit issued, after remand from the Supreme Court, its opinion in The Association for Molecular Pathology v. Myriad Genetics, Inc., No. 2010-1406, slip opinion (Fed. Cir. August 16, 2012) ("Myriad"). United StatesFood, Drugs, Healthcare, Life SciencesBrinks Gilson & Lione
ArticleChanges To Inventor's Oath Or DeclarationThe America Invents Act (AIA), passed in 2011, significantly changes who may file for patent applications and the inventor’s oath or declaration filed with an application.United StatesIntellectual PropertyBrinks Gilson & Lione
ArticlePatent Term Extension Under 35 U.S.C. §156In the United States, patent term extension is available under the 1984 Drug Price Competition and Patent Restoration Act, also known as the Hatch-Waxman Act.United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleU.S. Supreme Court Empowers District Courts To Award Attorneys Fees, Lowers The Burden Of Proof And Standard Of ReviewThis morning, the U.S. Supreme Court changed the legal test for awarding attorney fees, issuing decisions in Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Management System, Inc. United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleU.S. Supreme Court Empowers District Courts To Award Attorneys Fees -Lowers The Burden Of Proof And Standard Of ReviewThe Supreme Court changed the legal test for awarding attorney fees, in Octane Fitness v. ICON Health & Fitness and Highmark v. Allcare Health Management System.United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleU.S. Supreme Court Empowers District Courts To Award Attorneys Fees - Lowers The Burden Of Proof And Standard Of ReviewvThe Supreme Court changed the legal test for awarding attorney fees.United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleChanges To U.S. Patent Law EffectiveOn September 16, 2012, the next wave of changes under the America Invents Act (AIA) took effect.United StatesIntellectual PropertyBrinks Gilson & Lione