We’re Not in Texas Anymore: Supreme Court Drastically Limits Where You Can Sue for Patent Infringement
Patentees have long had their choice of courts in which to file infringement lawsuits, often seeking advantage in the Eastern District of Texas. The Supreme Court has now drastically curtailed where an allegedly infringing corporation can be sued.
The patent office had taken a sweeping view of which business-method patents in the financial industry were subject to validity challenges under the America Invents Act. This expansiveness oversteps legal bounds, declares the Federal Circuit.
Settlement Agreements Can Provide a Yardstick for Measuring Damages in Subsequent Patent Infringement Lawsuits
A license negotiated to settle a patent infringement lawsuit can be used to quantify “reasonable royalty” damages in a later patent suit. The Federal Circuit provides guidelines.
Patentees with global aspirations should file in China given the country’s economic might and its enhanced protections for intellectual property.
The On-Sale Bar Remains A Mighty Obstacle to Patentability, Even If The Sale Involves No Public Disclosure of the Invention
The on-sale bar continues to be a strict obstacle to the patentability of inventions that have experienced certain commercial activity, despite some seemingly softer language in the America Invents Act.
Cybersecurity is of deep concern to state law enforcement, as illustrated by a consent judgment that imposes strict measures on Target Corp. to improve customer-data protection.
Once a patent owner sells a patented product anywhere in the world, it can no longer exert patent rights to control the use or resale of that product, the Supreme Court says.
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.
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.