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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Mogin Law LLP

Artificial Intelligence Litigation Roundup: The First Wave

Mogin Law LLP on

It both rivals and compounds the transformation brought to us by advancements in computing technology, mobile technology, and the internet. The rapid evolution and commercialization of artificial intelligence (AI) tools has...more

Baker Botts L.L.P.

Federal Circuit Refines Section 101 Eligibility as Applied to Machine Learning Patents

Baker Botts L.L.P. on

On April 18, 2025, the United States Court of Appeals for the Federal Circuit ("Federal Circuit") issued a significant decision in Recentive Analytics, Inc. v. Fox Corp., affirming dismissal, by the District Court of...more

McDermott Will & Schulte

CJEU Recognizes Cross-Border Jurisdiction of National Courts, Long-Arm Jurisdiction of UPC

McDermott Will & Schulte on

The Court of Justice of the European Union (CJEU) issued a decision significantly expanding the capabilities of both the Unified Patent Court (UPC) and the national courts in EU Member States to issue cross-border injunctions...more

Beacon Insights by JD Supra

The Year in Patent Litigation – 2024 Popular Reads on JD Supra

Beacon Insights by JD Supra on

File this: A roundup of some of the most widely read patent litigation updates, analysis, and guidance published on JD Supra throughout 2024....more

Morgan Lewis

New Chinese Administrative Forum, CNIPA, Issues First Patent Infringement Decisions Against Generic Drug Makers

Morgan Lewis on

The China National Intellectual Property Administration, a newly established administrative authority on patent infringement disputes, recently issued its first decisions, addressing questions many companies had on the...more

Herbert Smith Freehills Kramer

PTO’s Handling of Patent Eligibility for Blockchain Applications

Herbert Smith Freehills Kramer on

After reviewing the First District court case on 35 U.S.C. 101 for a blockchain patent, we wanted to check in and see how the U.S. Patent and Trademark Office (PTO) has been handling blockchain-related patent applications. In...more

Farella Braun + Martel LLP

Insights Into the First Patent Trial in Waco, Texas - MV3 Partners v. Roku

Farella Braun + Martel LLP on

A 7-person jury in Waco, Texas, recently returned its verdict in the first patent trial held before Judge Albright: defense verdict, no finding of infringement. In the MV3 Partners v. Roku dispute, MV3 Partners had sought...more

White & Case LLP

Recent Uptick in Patent Litigation Likely Due to Coronavirus and Legal Developments

White & Case LLP on

White & Case Technology Newsflash - Companies with strong patent portfolios and those subject to infringement actions should note that patent litigation is on the rise. At the national level, 20Q2 patent filings were up 27...more

Fenwick & West LLP

Federal Circuit Rules Presence of Google Servers in District Insufficient to Establish Venue

Fenwick & West LLP on

On February 13, 2020, the U.S. Court of Appeals for the Federal Circuit reversed the Eastern District of Texas’ ruling that venue was proper in In re Google, 2019-126, halting for now the line of precedent finding that...more

Perkins Coie

Two Paths for Accelerating Patent Prosecution in China

Perkins Coie on

In recent years, with the increase in patent applications filed in China, the China National Intellectual Property Administration (CNIPA) has focused on expediting patent examinations to decrease the duration of the normal...more

Shook, Hardy & Bacon L.L.P.

Open Source Software Remains a Target as GNOME Foundation Hit with Patent Infringement Lawsuit

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In a move that evidences an emerging pattern, Rothschild Patent Imaging LLC, a non-practicing entity (“NPE”), has filed a complaint asserting patent infringement against the open source software organization, the GNOME...more

Weintraub Tobin

Federal Circuit Holds That Claim Language Can Limit The Scope Of A Design Patent

Weintraub Tobin on

In Curver Luxembourg SARL v. Home Expressions Inc., case number 18-2214, the U.S. Court of Appeals for the Federal Circuit recently held that the claim language of a design patent can limit its scope where the claim language...more

Ladas & Parry LLP

It’s 2018: The Impact Of IP Decisions From 2017

Ladas & Parry LLP on

2017 saw a bumper crop of Supreme Court decisions on intellectual property matters around the world including eight by the United States Supreme Court, two by the Canadian Supreme Court, and two by the United Kingdom Supreme...more

WilmerHale

Actavis v. Eli Lilly1: Back to the future - The UK Supreme Court changes the test for patent infringement

WilmerHale on

The UK Supreme Court rarely hears patent cases, and will only hear cases that it considers to be fundamentally important. The court's July 12 judgment is most significant for changing the test for infringement in the United...more

A&O Shearman

Iwncomm v. Sony: first SEP-based injunction granted in China

A&O Shearman on

The Beijing IP Court recently handed down a landmark decision concerning infringement of a standard essential patent (SEP) in the Iwncomm v. Sony case. The court found that Sony had infringed a SEP relating to a national...more

Burr & Forman

Improving Patent Eligibility for Your Software Despite the Prohibition of Patent Protection for "Abstract Ideas"

Burr & Forman on

As technologies advance, the Patent Office (as well as the Nation’s courts) must utilize Section 101 of the Patent Act to place reasonable limitations on patent eligibility to ensure that our patent system balances the...more

Burr & Forman

Supreme Court Changes Standard for Determining Damages for Design Patent Infringement

Burr & Forman on

Samsung Electronics Co., Ltd. v. Apple Inc. (No. 15-777) - In the closely-watched Samsung v. Apple case, the Supreme Court today issued a landmark ruling that changed the long-standing rule for calculating damages for...more

Faegre Drinker Biddle & Reath LLP

Avoiding CBM Proceedings Through Statutory Disclaimers: A Case-Study and a Look to the Future

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Like a lizard shedding its tail to avoid capture, patent owners continue to escape Covered Business Method (CBM) proceedings by disclaiming claims clearly directed to financial products or services. Despite growing tension...more

Saul Ewing LLP

Patent Owner Asserts 101 Ineligibility Is Not a Defense That Can Be Raised in Litigation

Saul Ewing LLP on

On September 26, 2016, RPost Communications Limited (“RPost”) filed a brief in the United States Court of Appeals for the Federal Circuit (“Federal Circuit”), arguing that the district court did not have statutory authority...more

Faegre Drinker Biddle & Reath LLP

What the Federal Circuit's Decision in McRO v. Bandai Could Mean for Computer-Based Inventions and Other Innovations

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In McRO v. Bandai, the Federal Circuit provides particular guidance and clarity on the issue of preemption, which it describes as “The concern underlying the exceptions to § 101.” In addition to providing another guidepost...more

BakerHostetler

Federal Circuit Provides Guidance on Use of Common Sense in Obviousness Analysis

BakerHostetler on

Last week, in Arendi S.A.R.L. v. Apple, the Federal Circuit reversed a Patent Trial and Appeal Board (PTAB) finding of invalidity in an inter partes review that relied on “common sense” to supply a claim limitation that was...more

Womble Bond Dickinson

USPTO to Implement Significant Rule Changes for AIA Trial Proceedings Impacting Both Petitioners and Patent Owners

Womble Bond Dickinson on

The United States Patent and Trademark Office (USPTO) has released the final set of the latest round of changes to the rules governing inter partes review, post grant review, and other AIA trial proceedings before the Patent...more

BakerHostetler

Sequenom Asks the Supreme Court to Clarify the Limits on Section 101

BakerHostetler on

On March 21, 2016, Sequenom filed a writ of certiorari with the U.S. Supreme Court, asking the Court to provide clarification regarding the limits of 35 U.S.C §101 as it relates to patent eligibility of diagnostic tests....more

Fish & Richardson

Use of the Wayback Machine in IPR Is Under Attack

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One source of prior art commonly relied on in inter partes review proceedings is the “Wayback Machine.” The Wayback Machine is an internet archive of webpages that are browsed by crawler programs and then stored and preserved...more

Knobbe Martens

2015 IP Law Year In Review

Knobbe Martens on

Commil USA, LLC v. Cisco Systems, Inc., 135 S. Ct. 1920 (May 26, 2015) - ..Does a defendant’s belief that a patent is invalid serve as a defense to charges of inducing infringement? NO - ..Inducement requires...more

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