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.
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.