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Federal Circuit Restates Fees are not “a Penalty for Failure to Win a Patent Infringement Suit.”

February, 12th, 2019

By William L. Birks “The court in exceptional cases may award reasonable attorney fees to the prevailing party.” 35 U.S.C. § 285 While every prevailing party would seek attorney fees if they could, it’s important [Read More…]

Race to the Courthouse: The role of Declaratory Judgements in Trademark Infringement Cases

January, 31st, 2019

By Lauren C. Matturri In December 2018 toy company MGA Entertainment Inc. filed a declaratory judgment against Louis Vuitton.[1]  This was to preempt the French fashion house from claiming MGA Entertainment’s Pooey Puitton toy was [Read More…]

The Art of Patent War: A Global Patent Strategy

January, 8th, 2019

By Victor P. Lin Just last year, the seven-year-long patent war between Apple and Samsung came to an end with both parties agreeing to settle the dispute over Samsung’s infringement of multiple U.S. utility and [Read More…]

Apples Are The New Jingle Bells

December, 5th, 2018

By Christina L. Winsor We’re entering into the season of hope and forgiveness.  But is that the reason Apple and Amazon have decided to put their years of feuding aside and come together… just in [Read More…]

Video Gaming: Patent Law’s 12-Figure Secret

November, 27th, 2018

By Andrew P. Siuta   Consumers are estimated to spend over $135 billion dollars on video games in 2018.  Over half of this 12-figure industry is expected to be spent on mobile gaming.  This is [Read More…]

Case Dismissed: How Pleading May Affect 101 Analysis

November, 20th, 2018

By Stephen F.W. Ball, Jr. Motions to dismiss, also called 12(b)(6) motions, have been used to eviscerate patent rights on the basis that a patent is allegedly directed to an “abstract concept” and thus lacks [Read More…]

Supreme Court Petition Highlights Split at Federal Circuit Concerning Role of the Specification in Claim Construction

November, 15th, 2018

By Patrick D. Duplessis In a petition filed this month with the U.S. Supreme Court, patent owner Cave Consulting Group (CCGroup) draws attention to a persistent split at the Federal Circuit concerning foundational claim construction [Read More…]

Out with BRI and In with Phillips: USPTO Adopts Federal Circuit’s Claim Construction Standard for PTAB Proceedings

October, 18th, 2018

By Victor Lin On October 11, 2018, the USPTO officially changed the claim construction standard used by the Patent and Trial and Appeal Board (PTAB) for interpreting claims in post-grant patentability challenges.  The PTAB will [Read More…]

WHIPgroup Files Patent Infringement Lawsuit

October, 16th, 2018

WHIPgroup filed a patent infringement lawsuit against Stryker Corporation and Stryker Communications, Inc. on behalf of its client Karl Storz Endoscopy-America, Inc. in the Northern District of California. KSEA asserts that three patents, one directed [Read More…]

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