Through artful interpretation of the Supreme Court’s rigid guidelines in Alice (2014) for determining patent-eligibility, the Federal Circuit has recently offered patent protection to once seemingly endangered inventions.
Amending a patent claim in the midst of an inter partes review (IPR) is still hard for a patent owner, but the Federal Circuit has just made it a bit easier.
Get your IPR arguments right the first time: The patent office sees objectionable unfairness in second-bite challenges to a patent’s validity.
Federal Circuit warns: If the patent office sees reason to reject patent claims for obviousness, it had better articulate that reason better than it has been accustomed to.
Corporations Cannot Be Sued for Patent Infringement in a Judicial District Simply Because Their Employees Happen to Work from Home There
The Eastern District of Texas has embraced its longtime status as a patent owner’s favorite trial court. The Federal Circuit has now cautioned that court to take seriously last summer’s Supreme Court decision restricting where corporations can be sued.
An arbitration clause in a patent license cannot be avoided even when the licensee calls the patent’s validity into question.
Read our roundup of IP cases on this season’s Supreme Court docket.
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.