Legal Articles: Sunstein Kann Murphy & Timbers LLP

 







Document(s) published by this organization: 10


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HTMLSupreme Court Reins in the Federal Circuit on Patent Claim Construction, Resulting in Greater Clarity for Litigants
David E. Blau; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
March 23, 2015, previously published on February 2015
The Supreme Court recently issued its latest installment in a long-running debate over the deference that is due to a trial judge’s interpretation of patent claim language. The issue was whether the trial court’s interpretation can be reviewed entirely anew on appeal, or whether an...

 

HTMLDDR Holdings: The Federal Circuit Leaves a Software Patent Standing
Bruce D. Sunstein; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
March 23, 2015, previously published on February 2015
A recent decision by the Federal Circuit, DDR Holdings, LLC v. Hotels.com, L.P., offers a glint of hope for protecting some software inventions after the same court’s discouraging decision in Ultramercial Inc. v. Hulu, Inc., which in turn followed the negative decision of the Supreme Court in...

 

HTMLHow Broadly Should Patent Claims Be Construed in Inter Partes Reviews? The Federal Circuit Enters the Debate
Robert M. Asher; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
March 23, 2015, previously published on February 2015
Challenges to issued U.S. patents have grown at an alarming rate since the advent of inter partes review (“IPR”) on September 16, 2012. IPR is a procedure introduced under the America Invents Act that allows for challenging the validity of an issued patent in the Patent Office rather...

 

HTMLSour Grapes: When Can a Thief Spoil an Inventor’s Right to a Patent?
Thomas C. Carey; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
March 23, 2015, previously published on February 2015
Imagine that your company has developed a proprietary technology that it expects to license to several potential customers. The technology has great commercial potential but its use is not easy to detect. It may consist of a chip, embedded software, a manufacturing process, or even a medical...

 

HTMLYet Again, the Supreme Court Narrows Patent Eligibility, This Time Targeting Computer-Related Inventions
Bruce D. Sunstein; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
October 10, 2014, previously published on July 1, 2014
In the wake of its decisions denying eligibility for patent protection to diagnostic procedures (Mayo Collaborative Services v. Prometheus Laboratories, 2012), and isolated genomic DNA (Association for Molecular Pathology v. Myriad Genetics, 2013), the Supreme Court has denied patent eligibility to...

 

HTMLSupreme Court Rejects Inducement Liability Where There’s No Direct Infringer
Kerry L. Timbers; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
July 21, 2014, previously published on June 2014
The issue of “divided infringement” — where multiple parties “share” infringement by performing different steps of a method claim — has vexed the courts of late, with the Federal Circuit see-sawing between two very different interpretations of the patent law. The...

 

HTMLSupreme Court Sinks Nautilus, Reformulates the “Definiteness” Requirement for Patents
Thomas J. Tuytschaevers; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
July 21, 2014, previously published on June 2014
In yet another rejection of prevailing norms for determining patent validity, the U.S. Supreme Court refined the standard by which courts assess the clarity of patent claims. Until now, a patent claim was deemed insufficiently clear, and therefore invalid for indefiniteness, only if a court found...

 

HTMLThe Supreme Court Bans Aereo’s Service: An Odd Decision With an Odd Rationale
Timothy M. Murphy; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
July 21, 2014, previously published on July 1, 2014
Last week the Supreme Court decided, in American Broadcasting Companies, Inc. v. Aereo, Inc., that Aereo was infringing the copyrights of the television broadcasters. This decision was not a surprise in light of the comments of the justices during the April oral argument, which I discussed in...

 

HTMLFTC Rule Targeting Pharma Licenses Is Upheld by Federal Judge
Jordana Goodman; Sunstein Kann Murphy Timbers LLP;
Legal Alert/Article
July 21, 2014, previously published on June 2014
Last November, the Federal Trade Commission (“FTC”) announced a rule requiring advance notice of proposed exclusive patent license agreements in the pharmaceutical industry that exceed $75.9 million in value. Upon receipt of such a notice, the FTC or the Justice Department may then...

 

HTMLLitigator’s Perspective: Winning Party in Patent Litigation Can Now More Easily Recover Attorneys’ Fees
Brandon Scruggs; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
June 3, 2014, previously published on May 2014
The Patent Act’s fee-shifting provision allows trial judges to award attorneys’ fees to the prevailing party in patent litigation in “exceptional cases.” Last month, the U.S. Supreme Court issued decisions in two cases on this subject, loosening the meaning of...