The Idle Free decision denied the patent owner’s motion to amend claims on the ground that the patent owner had not proven the tentability of the claims.

Direct infringement requires making, using, selling, offering to sell, or importing an invention.

Companies interested in protecting their inventions should be aware of major changes that are coming to U.S. patent law.

Under the Leahy-Smith America Invents Act, the United States has moved from a first-to-invent regime to a first-inventor-to-file regime.

On February 6, 2014, the United States Patent and Trademark Office announced a roundtable to solicit public opinions regarding the written description requirement as applied to US design patent applications in "rare" situations.

On Dec. 18, 2012, U.S. President Barack Obama signed the Patent Law Treaties Implementation Act of 2012 into law.

Yesterday, the U.S. Supreme Court decided American Broadcasting Companies, et al. v. Aereo.

US President Barack Obama enacted the Patent Law Treaties Implementation Act of 2012, and the Hague Agreement Implementation section of the act adds new design provisions to the patent provisions of Title 35 of the US Code.

The United States is preparing to enact the legislation needed to implement the Hague System for the International Registration of Industrial Designs, which provides a simplified application process for obtaining design protection in jurisdictions that have become contracting parties to the Hague Agreement.

On September 8, 2011, the United States Senate approved the Leahy-Smith America Invents Act (H.R. 1249), finalizing congressional acceptance of long-anticipated U.S. patent reform.

After leaving the realm of intellectual property law alone for decades, the United States Supreme Court has strongly reestablished its presence.

The United States is on the cusp of enacting legislation that will likely lead to U.S. ascension to the Hague Agreement Concerning the International Registration of Industrial Designs.

gTLD applicants and/or trademark or brand owners will have a busy year as the gTLD evaluation process continues to unfold and ICANN, the Internet governing body started overseeing the new gTLD process.

CLS Bank International v. Alice Corp. PTY. Ltd., 717 F.3d 1269 (Fed. Cir. 2013), superseding 685 F.3d 1341 (Fed. Cir. 2012). Alice Corp. is the owner of four patents that cover a computerized trading platform for exchanging obligations in which a trusted third party settles obligations between a first and second party to eliminate settlement risk, which is the risk that only one party’s obligation will be paid

Fueled by high financial stakes and the specter of injunctions, patent litigation is incredibly complex, expensive and can involve protracted battles at every step of the process.

On March 23, 2010, the Patient Protection and Affordable Care Act was officially signed into law, which included provisions that greatly altered the delivery of healthcare services in the United States.

Alice Corp. is the owner of four patents that cover a computerized trading platform for exchanging obligations in which a trusted third party settles obligations between a first and second party to eliminate settlement risk, which is the risk that only one party’s obligation will be paid.

The Federal Circuit’s decisions in Egyptian Goddess v. Swisa and Richardson v. Stanley Works have afforded district courts considerable discretion regarding how to assess functional features of claimed designs in the context of infringement.

"The rarity of being a Black intellectual property lawyer in the United States hits home for the 1.7% of attorneys who fit that description."

The term "functional claiming" encompasses two distinct concepts under U.S. patent law. The first is expressly provided for by statute – specifically, 35 U.S.C. § 112(f) – which provides that an element in a claim may be expressed as a means or step for performing a specified function without reciting structure in the claim.