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Supreme Court Reduces Risk to Patent Owners Who Are Slow to Bring a Patent Infringement Lawsuit

It used to be risky for a patent owner to lie in wait for several years before suing a suspected infringer. That risk is gone, now that the Supreme Court has struck down the laches defense to infringement suits.

Give Me a ©! Supreme Court Examines Cheerleader Uniforms and Gives Designers a Means to Protect Their Creations

The designs on cheerleader uniforms are not high art, but they have enough pictorial quality independent of the uniforms to qualify for copyright protection. The Supreme Court’s decision brings cheer to the fashion industry.

“Anyone Could’ve Come Up with That Invention.” Oh, Really. Prove It!

It’s easy for an accused infringer to say the asserted patent is an obvious combination of existing innovations. It’s much less easy, however, to prove that a motivation to combine existed, which is critical to an obviousness defense.

A Joke So Funny Louis Vuitton Forgot to Laugh – The Danger of Suing Over a Parody

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.

Non-Infringing Parties May Be Able to Challenge a Patent in an IPR, but Not Appeal the Result

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.

A State University’s Patents May be Immune From PTAB Review

Eleventh Amendment to the rescue: Sovereign immunity is ruled to protect state universities from having their patents challenged in the patent office.

Plenty of IP Decisions Expected From the Supreme Court This Year

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.

On-Sale Bar Clarified for Drugmaker

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.