Newsletter- June 2017

IP Update, June 2017

  • 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. More. . .
  • 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. More. . .
  • 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. More. . .
  • Patentees with global aspirations should file in China given the country’s economic might and its enhanced protections for intellectual property. More. . .
  • 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. More. . .
  • 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. More. . .
  • 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. More. . .