Skip to main content

Unanimous Supreme Court Decision Limits Venue in Patent Infringement Suits

By Peter R. Montecuollo and David G. Barker In yet another unanimous intellectual property decision (see here), the United States Supreme Court today held in TC Heartland LLC v. Kraft Foods Group Brands LLC that “reside,” as used in the patent venue statute, 28 U.S.C. § 1400(b), “refers only to the State of incorporation,” and […]

| 2 min read | Tagged: , ,
PM
Former Associate

Glimmers of Justice Gorsuch’s Prospective IP Jurisprudence

On April 10, 2017, Neil Gorsuch was sworn in as the 113th justice of the Supreme Court, filling the vacancy left by Justice Antonin Scalia.  While on the Tenth Circuit, Justice Gorsuch wrote opinions on complex trade secret, copyright, and trademark issues in a detail-oriented manner that indicates balanced treatment of intellectual property owners and […]

| 1 min read | Tagged:

Supreme Court to Decide Patent Infringement Suit Venue Issue with Potentially Immense Implications

The U.S. Supreme Court this week granted TC Heartland, LLC’s (“Heartland’s”) petition for a writ of certiorari regarding the patent infringement venue statute, 28 U.S.C. § 1400(b).  Heartland appealed the Federal Circuit’s refusal to dismiss the case or transfer a patent infringement lawsuit filed against Heartland from Delaware to Indiana, where Heartland is incorporated.  The Supreme […]

| 3 min read | Tagged: , , ,

Supreme Court Dismantles $400M Apple Design Patent Award Against Samsung

In Samsung Electronics Co. v. Apple Inc., the Supreme Court of the United States today reversed the Federal Circuit’s decision upholding Apple Inc.’s nearly $400 million design patent award against Samsung Electronics Co., Ltd. Apple secured the award after a jury found that Samsung infringed Apple’s design patents covering the iPhone’s iconic front face with rounded corners […]

| 2 min read | Tagged: , , , ,

Octane Fitness and Highmark Apply to Ninth Circuit Attorney Fee Awards under the Lanham Act

On October 24, 2016, the Ninth Circuit Court of Appeals, sitting en banc, held that district courts analyzing a request for attorney fees under the Lanham Act should consider the totality of the circumstances, as set forth in Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S. Ct. 1749 (2014).  Section 35(a) of […]

| 2 min read | Tagged: , ,

Supreme Court Affirms USPTO’s Broadest Reasonable Construction Standard for IPRs

In Cuozzo Speed Technologies, LLC v. Lee, the Supreme Court unanimously affirmed the United States Patent and Trademark Office’s (“USPTO’s”) standard for construing patent claims in an inter partes review (“IPR”), a post-grant proceeding used to challenged patent validity. In a 6-2 decision, the Court also affirmed that the USPTO’s decision whether to institute an IPR […]

| 2 min read | Tagged: , ,

Re Willful Infringement, “Channel” It, Says the Supreme Court

The Seagate two-part test for enhanced patent infringement damages under 35 U.S.C. § 284 — (1) objectively, infringement was not a close call, and (2) subjectively, the defendant knew or obviously should have known that — is gone.  So too is the patentee’s burden to prove entitlement to enhanced damages by clear and convincing evidence.  The […]

| 3 min read | Tagged: , ,

Cheerleaders and Laches

Monday the U.S. Supreme Court agreed to hear cases on patent laches, SCA Hygiene Products Aktiebolag et al. v. First Quality Baby Products, LLC et al., and copyright protection for clothing, Star Athletica, LLC v. Varsity Brands, Inc. In SCA Hygiene, the Supreme Court will review the Federal Circuit’s decision that laches remains a viable […]

| 2 min read | Tagged: , , ,

House of Representatives Passes Defend Trade Secrets Act

The House of Representatives passed the federal Defend Trade Secrets Act (“DTSA”) on April 27, 2016 with a vote of 410-2.  Strong, unified support for the DTSA by the House of Representatives closely followed its unanimous passage by the Senate in early April 2016.  The DTSA now will be presented to President Obama for his […]

| 1 min read | Tagged:

Defend Trade Secrets Act Progresses

The Defend Trade Secrets Act continues to move through Congress.  Yesterday, the House Judiciary Committee approved the bill without any amendments, sending the DTSA to the House floor for a vote.  If the DTSA passes the House, President Obama has indicated he will sign the bill into law.  We will continue to monitor the DTSA’s […]

| 1 min read | Tagged: