Education Center

Author: John Richards | Category: , | Tags: , , , , , , , ,

Laches not available to defeat patent infringement damages claim: SCA Hygiene Products v First Quality Baby Products

In a 7-1 decision on March 21, 2017, in the case of SCA Hygiene Products AB v. First Quality Baby Products LLC, the United States Supreme Court reversed an en banc decision of the Court of Appeals for the Federal Circuit and held that the equitable...

Read Article

Author: John Richards | Category: | Tags: , ,

Canadian Patent Law’s Invalidation of Patents Under Promise Doctrine Does Not Violate NAFTA

On March 16, 2017, the International Centre for Settlement of Investment disputes rejected Eli Lilly’s claim that the Canadian Courts use of the “promise doctrine” to invalidate patents owned by Eli Lilly and the Canadian government’s...

Read Article

Author: John Richards | Category: , | Tags: , , , , , , ,

SUPREME COURT RULES IN LIFE TECHNOLOGIES CORP. V. PROMEGA CORP.

On February 22, 2017 in Life Technologies Corp. v. Promega Corp, the Supreme Court in a 7-0 judgment (Chief Justice Roberts having recused himself) held that for there to be active inducement of infringement by export of components of a patented...

Read Article

Author: John Richards | Category: , | Tags: , , , ,

“POISONOUS DIVISIONALS” POISONED IN THE EPO

For the past few years there has been fear that the law on priority claims in the European Patent Office (EPO) could result in a divisional application becoming prior art against its parent if the divisional application described subject matter that...

Read Article

Author: Matthew D. Asbell | Category: , , , , , , , | Tags: , , , , , , , , ,

INTELLECTUAL PROPERTY RESOLUTIONS FOR THE C-SUITE

Innovative solutions are the foundation of almost every successful company. Tied to almost everything your company creates, every item it produces and sells, every service it provides and every way in which it is marketed, are potential intellectual...

Read Article

Author: John Richards | Category: , , | Tags: , , , , ,

U.S. SUPREME COURT REVERSES DAMAGE AWARD IN SAMSUNG v APPLE

The Supreme Court on December 6, 2016 ruled that when considering the basis for awarding damages based on the infringer’s profits from infringing a design patent, it is not necessary to base these damages on the profit made on the entire article...

Read Article