Displays in the Our Latest Thinking column of the front page preview.
Parody protected: Louis Vuitton not only loses a trademark infringement suit against a canvas-tote maker that poked fun at the pricey bags but is faulted for lacking a sense of humor.
No standing: A non-infringer who initiates an IPR may not be able to show sufficient stake in the outcome to appeal an adverse decision of the PTAB.
Eleventh Amendment to the rescue: Sovereign immunity is ruled to protect state universities from having their patents challenged in the patent office.
Supreme Court cheat sheet: Here’s a rundown of IP cases to be decided this term.
Expanding the Reach of Pharmaceutical Patents: Generic Manufacturer Held Liable For Inducing Infringement By Physicians and Patients
Sometimes, it takes a village to infringe a patent. The combination of doctors advising patients to take vitamins before chemotherapy and patients following that advice is held to infringe a method of administering a drug.
Litigators’ Perspective on the Patent Eligibility of Software: Courts Continue to Refine the Analysis in the Wake of Key Supreme Court Decision
Our litigation victory for Iatric Systems contributes to recent jurisprudence on the dividing line between software inventions that are eligible for patent protection and those that aren’t.
Challenging a Competitor’s Patent in the Patent Office:
Great When it Works, but Failure Increases the Risk of a Court-Issued Injunction
Challenging the validity of your competitor’s patent before the patent office is an attractive strategy. It can also, however, leave you more vulnerable in a subsequent infringement lawsuit.
The Federal Circuit rescues a pharma company from the “on-sale bar” where the drug batches it ordered more than one year before it applied for a patent were not legally saleable. Companies must nonetheless take pains to file patent applications as soon as possible.
Recent trial court opinions can teach accused patent infringers what they can do to avoid being labeled willful and consequently tagged with enhanced damages. The lessons are valuable now that the Supreme Court has eased the standard for awarding such damages.
Massachusetts has just introduced a tax credit program designed to stimulate investment in local high-tech startups.