Tag Archives: patent infringement

On March 21, 2017 the Supreme Court issued an opinion that abrogated the equitable defense of laches, for unreasonable and prejudicial delay in filing suit, in patent cases. SCA Hygiene Prod. Aktiebolag v. First Quality Baby Prod., LLC, No. 15-927, … Continue reading

Posted in Intellectual Property, Patent Litigation, Uncategorized | Tagged , , , | Comments Off on Supreme Court Kills Laches Defense for Patent Infringement

On June 20, 2016, the Supreme Court issued its decision in Cuozzo Speed Technologies, LLC v. Lee.  One of the questions presented to the Court was the appropriate claim construction standard for inter partes review (IPR).  The fundamental dispute, as … Continue reading

Posted in Intellectual Property, Patent Litigation, PTAB | Tagged , , , , , , , , , , , , , , , , | Comments Off on The Cuozzo Conundrum: Prosecution History Estoppel Remains An Open Issue

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

On March 23, 2016, Glaser Weil Partner, Mieke Malmberg, along with co-presenter, Jason Angell of Freitas Angell & Weinberg, LLP, presented a one hour talk on changes in patent litigation to participants in a one day conference sponsored by the … Continue reading

Posted in Intellectual Property, Patent Litigation | Tagged , , , , , , , , , , | Comments Off on Glaser Weil Partner Mieke Malmberg Speaking at “Patent Disputes for Our Time: New Realities, New Approaches”, Presented by the State Bar of California

Summary In its February 12, 2016 decision in Lexmark International, Inc. v. Impression Products, Inc., the Federal Circuit addressed two issues: (1) whether patent exhaustion applies when a patented item is sold subject to an express single-use/no-resale restriction, and then … Continue reading

Posted in Intellectual Property, Patent Litigation, PTAB | Tagged , , , , , , , , , , , , , | Comments Off on Lexmark International, Inc. v. Impression Products, Inc. – The Latest on Patent Exhaustion

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

Posted in Uncategorized | Tagged , , , , , , , , , , | Comments Off on Slaying the Dragon: Understanding and Effectively Managing the Use of the Model Order on E-Discovery in Patent Cases

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