Author Archives: Rex Hwang

Through its recent decision in Halo Elecs., Inc. v. Pulse Elecs., Inc.[1], the Supreme Court discarded the mechanical two-part test governing enhanced damages fashioned by the Federal Circuit in Seagate, and gave district courts broad discretion to decide when to … Continue reading

Posted in Intellectual Property, Patent Litigation, PTAB | Tagged , , , , , , , , , , , , , , , | Comments Off on The Supreme Court Relaxes The Standard For Increased Patent Damages

As most practitioners know, even a duly issued patent can be invalidated under 35 U.S.C. § 101 if the patent’s claims are directed to a “patent-ineligible concept,” such as an abstract idea.  Yet, trying to anticipate whether a patent claim … Continue reading

Posted in Intellectual Property, Patent Litigation, PTAB | Tagged , , , , , , , , , , , | Comments Off on 35 U.S.C. § 101 – If At First You Don’t Succeed, Try, Try Again

In last week’s 6-5 decision in SCA Hygiene Prod. v. First Quality Baby Prod., LLC, No. 2013-1564, 2015 WL 5474261 (Fed. Cir. Sept. 18, 2015), the US Court of Appeals for the Federal Circuit, sitting en banc, reaffirmed that laches … Continue reading

Posted in Intellectual Property, Patent Litigation | Tagged , , , , , , , , , , , | Comments Off on Laches As a Defense to Patent Damages Survives – For Now

In Internet Patents Corp. v. Active Networks, the Federal Circuit affirmed yet another dismissal of a patent infringement lawsuit due to the asserted patent being invalid for lacking patent eligible subject matter under 35 U.S.C. § 101.  Here, the sole … Continue reading

Posted in Patent Litigation | Tagged , , , , , , | Comments Off on Federal Circuit Attacks Functional Claim Drafting Under 35 U.S.C. § 101

On Tuesday, the U.S. Supreme Court issued its decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. partially modifying the standard of review to be applied by the Federal Circuit when reviewing a district court’s construction of a claim term. Prior … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , , , , | Comments Off on Supreme Court Modifies Claim Construction Review Standard

Through its recent decision in Stryker Corp. v. Zimmer, Inc., the Federal Circuit gave Zimmer an early Christmas gift worth approximately $140 million by reversing a district court’s determination of willfulness and vacating a corresponding award of trebled damages against … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , | Comments Off on Federal Circuit Reverses Judgment for Willful Infringement

In its most recent decision in Ultramercial, Inc. v. Hulu, the Federal Circuit finally concluded that the claims-at-issue do not cover patent-eligible subject matter under 35 U.S.C. § 101.  This comes after two prior decisions by the Federal Circuit reaching … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , | Comments Off on Ultramercial Finally Strikes Out at the Federal Circuit

Co-owning any piece of property can lead to unwanted and unexpected headaches.  And as demonstrated by the Federal Circuit in STC.UNM v. Intel Corp., Fed. Cir. No. 2013-1241, this is especially true with respect to co-ownership of patents. Here, the … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , , | Comments Off on Federal Circuit Decision Highlights Risk of Co-owning Patents

PTAB Issues First Precedential Opinion in an AIA Post-Grant Proceeding During an AIA Post-Grant Proceeding, the Patent Trial & Appeal Board (“PTAB”) can issue three types of decisions: (1) routine, (2) informative, and (3) precedential. Routine decisions are the most … Continue reading

Posted in Patent Litigation, PTAB, Uncategorized | Tagged , , , , , , , , , , | Comments Off on PTAB Issues First Precedential Opinion in an AIA Post-Grant Proceeding

In its highly anticipated decision in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, the United States Supreme Court unanimously ruled that an abstract idea is not patentable simply because it is implemented on a computer. The case itself is … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , | Comments Off on High Court Says Computerized Abstract Ideas Not Patent Eligible