Highlights of the April 2018 Annual Update
The following are highlights of the April 2018 Annual Update from Don Chisum and Janice Mueller at the Chisum Patent Academy. • Heavily expanded analysis of the patent-specific venue statute, 28 U.S.C....
View ArticleSupreme Court Decides Oil States – Inter Partes Review Does Not Violate...
The Supreme Court issued its long-awaited opinion in Oil States Energy Services v. Greene’s Energy Group, Appeal No. 16-712 (April 24, 2018), holding 7/2 that inter parties review was an appropriate...
View ArticleFed. Cir. Affirms Unclean Hands Defense in Gilead v. Merck
On April 25th, a Fed. Cir. panel of Judges Taranto, Clevenger and Chen affirmed the unenforceability of two Merck patents covering a drug presently marketed as Sovaldi(r) to treat hepatitis C,...
View ArticleFinjan, Inc. v ESET, LLC: Can Billing Records Evidence Intent Element of...
In an odd Order relating to a discovery request made by ESET for the billing records of plaintiff’s patent attorney, Bey, the Magistrate Judge in Case No. 17CV183 CAB (BGS)(S. D. Cal., June 25, 2018)...
View ArticleSupreme Court Permits Recovery of Foreign Profits for 271(f)(2) Infringement
Section 271(f)(2) reads: “Whoever without authority supplies…in or from the [US] any component of a patented invention that is especially made…for use in the invention and not a staple article of...
View ArticleIs Judge Kavenaugh an Enemy of Agency “Chevron Deference”?
Other commentators have noted that they believe that Judge Kavanaugh (“K”) does not like “Chevron deference” of the courts to the interpretation of agency regulations. I skimmed recent decisions and...
View ArticleO’Malley Nomination To Fed. Cir. Moves Forward
On September 23rd, the Senate Judiciary Committee approved the nomination of Judge Kathleen O’Malley (N.D. Ohio) to fill a vacancy on the Federal Circuit. Judge O’Malley has handled significant IP...
View ArticleLimelight Networks v. Akamai Tech. – Cert. Denied
Today the Supreme Court declined to hear Limelight’s petition for cert. on the question of whether an accused infringer may be held liable for direct infringement of a claim to a method where multiple...
View ArticleO’Malley Nomination To Fed. Cir. Moves Forward
On September 23rd, the Senate Judiciary Committee approved the nomination of Judge Kathleen O’Malley (N.D. Ohio) to fill a vacancy on the Federal Circuit. Judge O’Malley has handled significant IP...
View ArticleLimelight Networks v. Akamai Tech. – Cert. Denied
Today the Supreme Court declined to hear Limelight’s petition for cert. on the question of whether an accused infringer may be held liable for direct infringement of a claim to a method where multiple...
View ArticleBiden’s Nominee to the Fed. Cir. is Perkins Coie Litigator
Tiffany P. Cunningham is a partner in the patent litigation practice of Perkins Coie. Importantly, she has a degree in Chemical Engineering from M.I.T. before receiving her J.D. from Harvard. The Court...
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