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Author: John Richards | Practices: , | Tags: , , , , , ,

TC HEARTLAND LLC v. KRAFT FOODS GROUP BRANDS LLC

Introduction In its decision of May 22, 2017 in Heartland v. Kraft, the United States Supreme Court held that the specific venue provisions applicable to Patent infringement (28 U.S.C. 1400 (b)) limited the courts in which a domestic corporation...

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Author: John Richards | Practices: , | 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...

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Author: John Richards | Practices: , , | 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...

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Author: John Richards | Practices: , | 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...

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Author: John Richards | Practices: , | 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...

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SOFTWARE AS PATENTABLE SUBJECT MATTER POST ALICE

The issue of patent eligible subject matter under 35 USC § 101 affects many different types of inventions including those which incorporate software technology for controlling conventional machines and devices. Although the Alice v. CLS Bank...

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