Proskauer partner Joe Capraro will serve as event chair for the 14th annual Patents for Financial Services Summit in New York City on July 19-20. Joe will provide opening remarks to the IP counsel in attendance, a recap of the
In a recent order from the District of Massachusetts, the court granted a defendant’s motion for summary judgment in a patent infringement dispute, finding the asserted patent claims invalid under 35 U.S.C. § 101. The court’s underlying analysis is particularly instructive
In an ongoing patent infringement case involving patents for floor-mounted electrical outlet housings, a federal court in Connecticut recently denied a Joint Motion for a Discovery Dispute Conference, signaling the court’s hesitation to delay the initiation of discovery pursuant to
In a landmark decision, the Supreme Court unanimously overturned the Federal Circuit’s VE Holding opinion, which had permitted patent defendants to be sued in any forum in which they were subject to personal jurisdiction. Now, patent cases can be brought
In the time since Alice changed the landscape of patent eligibility for certain types of inventions, the Federal Circuit has begun pumping out opinions interpreting this landmark Supreme Court case. The expanding body of law has enabled lower courts to find
A Massachusetts federal court recently found multiple early uses of a sought-after trademark insufficient to confer priority of rights. The dispute concerned two technology companies, Nexsan and EMC, each seeking to use the UNITY mark in connection with their computer data
Under some circumstances, party error can excuse late-filed amendments to infringement and invalidity contentions, according to a recent decision by Judge F. Dennis Saylor IV. Approximately five years ago, plaintiff DataTern, Inc. (“DataTern”) filed a patent infringement suit against defendant MicroStrategy,
The presumption that claim terms should be interpreted using their plain and ordinary meaning, absent express intent to the contrary, has long been a staple in claim construction. Parties often submit proposed constructions that ask the court to give certain terms
Later this month, the Boston Bar Association and the Boston Patent Law Association will jointly host a panel discussion on the recent rise of life science litigation at the U.S. Patent Office’s Patent Trial and Appeal Board (“PTAB”). The panel, to be moderated by Proskauer’s
The Supreme Court recently held in Star Athletica, L.L.C. v. Varsity Brands, Inc., that the designs on certain cheerleader uniforms may be protected copyrights. The 6-2 decision clarified the test to be applied when determining whether a feature incorporated into the design of a useful
