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IP Intelligence

By Baker & Hostetler LLP Visit the blog

648 published works

  1. 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…

  2. IP Intelligence

    A Circuit Split at Last: Ninth Circuit Recognizes De Minimis Exception to Copyright Infringement of Sound Recordings

    By Lesley Grossberg

    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…

  3. 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,…

  4. 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,…

  5. IP Intelligence

    High Court Relaxes Standards for Enhanced Damages in District Court Patent Litigation

    By Brian Saunders

    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…

  6. IP Intelligence

    First Post-Grant Review Written Opinions from PTAB Invalidate Two Patents for Livestock Valuation

    By Shannon McCue

    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…

  7. IP Intelligence

    Court of Appeals Upholds FCC’s Net Neutrality Rules and Regulatory Authority

    By Suchismita Pahi

    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…

  8. 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…

  9. 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…

  10. 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…