Tag Archives: patent litigation

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

We have previously addressed the Supreme Court’s decision in Octane Fitness, LLC v. Icon Health & Fitness, Inc., 12-1184, Slip Op. at 7 (2014), which relaxed the standard for awarding attorney’s fees under Section 285 of the Patent Act (“§285”) … Continue reading

Posted in Intellectual Property, Patent Litigation, Trade Secret & Unfair Competition, Trademark & Trade Dress | Tagged , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on Low Octane Levels? Octane Fitness’ Impact in the Trademark and Trade Secret Realms

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

Since 2010, the Supreme Court has issued four decisions on patent-eligible subject matter under 35 U.S.C. § 101. In the most recent decision, Alice Corp. v. CLS Bank, the Court continued the restrictive approach set forth in its own precedents … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , | Comments Off on A Sea Change after Alice: Recent Court Decisions Show Patents Are Vulnerable under Section 101 Attack

Hatch-Waxman Litigation in a Nutshell Hatch-Waxman litigation refers to pharmaceutical patent litigation between a brand drug manufacturer and a generic drug manufacturer under the Hatch-Waxman Act (“Act”). The Act was enacted to facilitate generic drug entry into the market while … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , | Comments Off on Emerging Impact of Inter Partes Review on Hatch Waxman Litigation – A Primer