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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: Kevin Thompson | Practices: , , , | Tags: , , , , , ,

A Multi-Layered Approach to Packaging Protection

The way in which a product looks or how it is packaged and sold can often be a driving force in the consumer’s purchasing decision. Yet, the intellectual property rights available for product designs and packaging are anything but straightforward...

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

SUPREME COURT IN KIRSTAENG V WILEY: objective reasonableness not controlling for attorney fees

The case of Kirstaeng v. Wiley hit the headlines in 2013 when the Supreme Court held that importation and sale in the United States of books bought from the copyright owner in Thailand was not an infringement of copyright, even though a notice in...

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

HALO V PULSE: HIGH COURT RELAXES STANDARD FOR ENHANCED PATENT DAMAGES

On June 13, 2016, Chief Justice Roberts delivered a unanimous decision of the Supreme Court in the case of Halo v. Pulse on the question of when enhanced damages can be awarded for patent infringement. This decision reversed an earlier decision of...

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