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IP Litigation Current
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IP Litigation Current
Data Processing Patent Eligibility: Federal Circuit Finds Claims Eligible in KPN v. Gemalto
By Daniel Rose
On November 15, 2019, the Federal Circuit issued an opinion in Koninklijke KPN N.V. v. Gemalto M2M GmbH et al., 2018-1863, that provides additional guidance on the patentability of data…
IP Litigation Current
Antitrust Scrutiny of Technology Companies Continues to Expand
Governmental and private antitrust actions against technology companies expanded in 2018 and 2019, particularly relative to electronics and pharmaceutical companies. This post provides an overview of several important decisions relative…
IP Litigation Current
Permanent Injunctions for Non-Practicing Entities in Patent Cases
Many patent practitioners assume that non-practicing entities cannot obtain permanent injunctions in patent cases. This is attributed to the belief that NPEs fail the four-factor test set out by the…
IP Litigation Current
Challenging IPR Institutions Following Federal Court Decision in In re: Power Integrations Inc.
Practitioners should be aware that challenging the PTAB’s decision to deny institution of an IPR got even harder after a recent Federal Circuit decision. While the Supreme Court has already…
IP Litigation Current
Restoring America’s Leadership in Innovation Act of 2018
On June 28, 2018, Representatives Thomas Massie (R-KY-4), Marcy Kaptur (D-OH-9) and Dana Rohrabacher (R-CA-48) introduced H.R. 6264, the “Restoring America’s Leadership in Innovation Act of 2018.” The bill ambitiously…
IP Litigation Current
When Can a Company Be Liable for Its Vendor’s Copyright or Patent Infringement?: Hollywood Studios’ IP Headache
The case of Rearden LLC et al. v. The Walt Disney Company et al., Nos. 3:17-cv-04006, 04191 & 04192 (N.D. Cal.), has been covered more in the Hollywood Reporter than…
IP Litigation Current
False Food Advertising Claims Require Plausibility, Not Possibility
Earlier this year, in “Is the “Food Court Closing,” we reported indications of a change in the leanings of federal courts in California when viewing class action false advertising allegations…
IP Litigation Current
Insurers Must Pay Cost of Defending Case Stemming from Use of Famous Marathoner’s Name
By Kimberly K. Dodd, Andrew M. Gross
Vibram – seller of the “FiveFinger” shoes – took an intellectual property insurance coverage dispute to the highest court of Massachusetts, and won. The Supreme Judicial Court of Massachusetts held…
IP Litigation Current
Federal Circuit’s Decision in University of Florida Research Foundation v. General Electric Raises Questions with Subject Matter Eligibility Guidance
By Daniel Rose
Subject matter eligibility jurisprudence under 35 U.S.C. § 101 has been in flux in recent years, following the Supreme Court’s decisions in Mayo v. Prometheus and Alice Corp. v. CLS…