The Association of Media and Entertainment Counsel (AMEC), the leading trade association serving general counsel and business affairs attorneys, has named Glaser Weil the 2016 Law Firm of the Year. Michele McShane, Assistant General Counsel and Senior Director of IP … Continue reading

Posted in AMEC, Copyright & Idea Theft, Intellectual Property, Trade Secret & Unfair Competition, Trademark & Trade Dress, Uncategorized | Tagged , , , , | Comments Off on Glaser Weil Named AMEC’s Law Firm of the Year

On February 11, 2016, Glaser Weil Partner, Mieke Malmberg, presented a one hour webinar sponsored by the State Bar of California on the use of the Federal Circuit’s Model order on electronic discovery in patent cases. Many times parties stipulate … Continue reading

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On January 27, 2016, Glaser Weil Partner, Mieke Malmberg, moderated a panel for the AIPLA Mid-Winter Institute in La Quinta, California. The panel, entitled “Across the (IP) Universe: Developing a Diverse IP Portfolio Including Trademarks, Trade Secrets and Copyrights in … Continue reading

Posted in Intellectual Property, Patent Litigation | Tagged , , , , | Comments Off on Glaser Weil Partner Mieke Malmberg Moderated a Panel for the AIPLA Mid-Winter Institute in La Quinta, CA

Recently, the  Federal Circuit, for a second time this year, evaluated infringement of a method claim.[1]  The Court, vacating the recent panel decision in May, outlined the governing framework for direct infringement of a method claim.  It held that direct … Continue reading

Posted in Intellectual Property, Patent Litigation | Tagged , , , , , , , , , , | Comments Off on The En Banc Federal Circuit in Akamai v. Limelight Broadens the Scope of Direct Infringement under Section 271(a)

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 this third article relating to patent damages, we explore the effects of implied indemnification provisions when evaluating who is responsible for litigation costs when faced with an infringement suit. The Uniform Commercial Code (UCC) and California Commercial Code provide … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , , , , , , , , , , , | Comments Off on Navigating Patent Damages Part III: Statutory Indemnification – Implied Warranty Against Infringement

The U.S. Supreme Court declined to grant certiorari in the case of Google, Inc. v. Oracle America, Inc., a closely watched case regarding the eligibility of software for copyright protection.  The Supreme Court’s decision leaves in place the Federal Circuit’s … Continue reading

Posted in Copyright & Idea Theft, Intellectual Property, Trade Secret & Unfair Competition | Tagged , , , , , , , , , , , | Comments Off on The “Oracle” Predicts It: Supreme Court Declines to Hear Landmark Software Copyright Case

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 June 12, 2015, the Federal Circuit issued its decision in Ariosa Diagnostics, Inc. v. Sequenom, Inc.,[1] finding that Sequenom’s patent claiming methods of using cell-free fetal DNA (“cffDNA”) for prenatal diagnosis test is patent ineligible under 35 U.S.C. § … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , , , | Comments Off on Federal Circuit’s Latest Patent Subject Matter Decision in Ariosa v. Sequenom Renders Many Biotech Patents at Risk

In late April, the U.S. Supreme Court adopted changes to the Federal Rules of Civil Procedure which have significant implications for patent plaintiffs.  In an April 29, 2015 order, the high court approved, without comment, changes initially approved by the … Continue reading

Posted in Intellectual Property, Patent Litigation | Tagged , , , , , , , , , | Comments Off on No Suit For You! Changes to Patent Pleading Standard Issued By the U.S. Supreme Court Require More Than Bare Bones Pleading