IP Update, Vol. 15, No. 6, June 2012 - Part 1

Edited by Paul Devinsky and Rita Weeks

Patents

• The Final Curtain Call?  Not Quite Yet New Standard of Review for Willfulness
• Twombly and Iqbal Redux; Form 18 Is the Pleading Standard for Direct Infringement
• Secondary Considerations Evidence Must Be Considered Before a Court Reaches a Decision on Obviousness
• Ambiguous Incorporation-by-Reference Language Breaks Continuity Link
• Party Seeking Preliminary Injunction Must Demonstrate a Nexus Between the Patented Feature and the Consumers' Decision to Purchase Its Product
• Foreign Defendants Cannot Avoid Personal Jurisdiction in One District by Consenting to Personal Jurisdiction in Another
• Federal Circuit Affirms Jury Verdict of Invalidity Based on On-Sale Bar and Public Use