Gregory A. Castanias

Microsoft v. i4i: The Supreme Court Affirms that Validity Challenges Must Be Proved by Clear and Convincing Evidence
Gregory A. Castanias, June 20, 2011
On June 9, 2011, the Supreme Court issued its longawaited decision in Microsoft Corp. v. i4i Limited Partnership, affirming, 8-0 (Chief Justice Roberts was recused), that a patent challenger must prove a patent’s invalidity by clear and convincing evidence. The Court summarized the issue, and...

Therasense v. Becton, Dickinson: The Federal Circuit Heightens the Standard for Proving Inequitable Conduct in Patent Litigation
Julie M. Baher,Gregory A. Castanias,Jonathan A. Muenkel,Jose L. Patiño, June 15, 2011
On May 25, 2011, the Federal Circuit issued its much-anticipated en banc opinion in Therasense, Inc. v. Becton, Dickinson & Co. In that opinion, the Federal Circuit "tighten[ed]" the standards for proving inequitable conduct in patent litigation, requiring heightened showings of both...

Global-Tech v. SEB: The Supreme Court Alters the Intent Requirement for Induced Infringement in Patent Cases Under 35 U.S.C. § 271(b)
Gregory A. Castanias, June 9, 2011
On May 31, 2011, the Supreme Court issued its decision in Global-Tech Appliances, Inc. v. SEB S.A., a case involving the proper legal standard for inducing infringement of a patent under 35 U.S.C. § 271(b). By an 8-1 vote, the Court held that liability under § 271(b) requires specific...