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 […]
Last week, Arizona Governor Doug Ducey signed into law HB 2386, known as the “Arizona Patent Troll Prevention Act.” Modeled after similar legislation passed by other states, the Act prohibits bad faith demands of patent infringement and gives the Attorney General authority to enforce the Act. Arizona now joins 27 states that, since 2013, have […]
On June 17, 2013, in FTC v. Actavis, the Supreme Court resolved a long-brewing battle between the FTC and the antitrust and patent defense bar over whether reverse-payment patent settlements between patentees and alleged infringers violate federal antitrust laws. These settlements are categorized as reverse-payments because the settlement arises in the following circumstance: Alleged infringer […]
Anyone hoping for clarity on the standard for patent “eligibility” under 35 U.S.C. § 101 will be disappointed by the Federal Circuit’s recent en banc decision in CLS Bank International v. Alice Corporation (No. 2011-1301, decided May 10, 2013). In a one-paragraph per curiam opinion, the court affirmed the district court’s holding that Alice’s patent claims […]
Patents confer upon the owner of the patent the right to exclude others from making, using, offering for sale, selling or importing the invention for a set period of time. Tensions arise when patented technologies are included as part of industry technical standards, creating standard-essential patents that are required for system interoperability for certain technologies. […]
On September 13, 2012, the U.S. Court of Appeals for the Federal Circuit, in 1st Media, LLC v. Electronic Arts, Inc., No. 2010-1435 (“1st Media”), reversed a Nevada district court’s ruling holding a patent owned by 1st Media unenforceable due to inequitable conduct. 1st Media, LLC v. do Pi Karaoke, Inc., No. 07-cv-1589 (Apr. 23, 2010). The opinion […]
Traditionally, a plaintiff seeking a preliminary injunction in a trademark infringement case has been entitled to a presumption of irreparable harm if the plaintiff can prove likelihood of success on the merits. In 2006, the Supreme Court decided eBay, Inc. v. MercExchange, L.L.C. The Court there rejected a categorical rule that a patent infringement plaintiff […]
