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IP Intelligence
Supreme Court Denies Sequenom’s Petition for Certiorari
By Ron Kern
On June 27, 2016, the U.S. Supreme Court, without comment, denied Sequenom’s petition for certiorari, leaving in place the Court’s previous rulings prohibiting the patenting of laws of nature and…
IP Intelligence
A Circuit Split at Last: Ninth Circuit Recognizes De Minimis Exception to Copyright Infringement of Sound Recordings
For the past 10 years, the Sixth Circuit Court of Appeals has stood alone in having addressed the issue of whether a de minimis amount of copying used in a…
IP Intelligence
Supreme Court Clarifies Test for Fee-Shifting in Copyright Cases
By Kevin Bovard
The Supreme Court on June 16 issued a unanimous ruling clarifying the test for awarding attorneys’ fees to successful copyright litigants. The decision, in Kirtsaeng v. John Wiley & Sons,…
IP Intelligence
Supreme Court Clarifies Test for Fee-Shifting in Copyright Cases
By Kevin Bovard, C. Dennis Loomis
The Supreme Court on June 16 issued a unanimous ruling clarifying the test for awarding attorneys’ fees to successful copyright litigants. The decision, in Kirtsaeng v. John Wiley & Sons,…
IP Intelligence
High Court Relaxes Standards for Enhanced Damages in District Court Patent Litigation
On June 13, 2016, in a much-anticipated joint holding in Halo/Stryker, [1] the Supreme Court unanimously overturned the Federal Circuit’s rigid test for willful infringement under Seagate and conferred discretion…
IP Intelligence
First Post-Grant Review Written Opinions from PTAB Invalidate Two Patents for Livestock Valuation
The Patent Trial and Appeal Board (PTAB) issued its first written opinions based on a trial of the relatively new Post-Grant Review (PGR) proceeeding and genetic factors. American Simmental Association…
IP Intelligence
Court of Appeals Upholds FCC’s Net Neutrality Rules and Regulatory Authority
On June 14, 2016, the D.C. Court of Appeals ruled 2-1 in favor of the Federal Communication Commission’s (FCC) net neutrality rules, which the commission approved on February 26, 2015 (published…
IP Intelligence
Oracle v. Google: Are Juries Equipped To Decide Fair Use?
By Robert Welsh
If you’re in the high-tech industry and are sued for copyright infringement, there are two words you need to remember (in addition to the phone number of your attorney, of…
IP Intelligence
Apportioning for the Standard When Valuing Standards-Essential Patents
By Kevin Flynn
Commonwealth Scientific and Industrial Research Organisation (CSIRO), a national research organization of Australia, recently filed a petition for certiorari with the Supreme Court. CSIRO presents the following question: Is the…
IP Intelligence
Court Decides that ANDA Approved Before Patent Issued Cannot Infringe 35 U.S.C. § 271(e)(2)(A)
By Allen Sokal
Although the Hatch-Waxman Act was passed by Congress decades ago, it still produces new questions. Despite vigorous argument by the patent owner, a district court dismissed a count alleging that…