Category: Innovation Review

The Supreme Court Revisits Patent Venue

On December 14, 2016, the Supreme Court granted cert in TC Heartland v. Kraft Foods.  This widely anticipated case brings to the front the question of patent venue and the problem of “Forum selling,” the alleged practice of some jurisdictions creating a favorable environment for litigation and its benefits for… Read More»

Thoughts On Samsung v. Apple, Part Two

On December 6, 2016, the Supreme Court ruled in favor of Samsung in its ongoing litigation with Apple over infringement of four design patents covering the iPhone.  A jury found in favor of Apple and awarded $ 399 million in damages for the infringement of the patents on the design… Read More»

Thoughts on Samsung v. Apple

On October 11, the United States Supreme Court heard oral arguments in Samsung v. Apple, a closely watched case involving how to calculate damages for infringement of a design patent. The result of this case will undoubtedly affect design patent litigation and jump start discussion of design patent law. In… Read More»

Kimble vs. Marvel Enterprises, Inc.

The U.S. Supreme Court will hear oral arguments for Kimble v. Marvel Enterprises, Inc. March 31, 2015. The decision before the Court is whether to overrule Brulotte v. Thys Co., holding a “patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se.”

Commil USA, LLC v. Cisco Systems, Inc.

The U.S. Supreme Court will hear oral arguments for Commil USA, LLC v. Cisco Systems, Inc. in March 2015. The decision before the Court is whether the Federal Circuit erred in holding that a defendant’s good-faith belief that a patent is invalid is a defense to induced infringement.

Disruptive Technologies and the Struggle for Regulation

Occasionally innovations move so quickly or are so novel that legislative and regulatory bodies can have a hard time keeping up. Recently, this struggle has been exemplified in the Federal Aviation Administration’s dealings with drones, or unmanned aerial systems (UAS), for commercial use. The FAA has authority to regulate and… Read More»

Venture Philanthropy and Drug Development

Historically, disease foundations provide funding for academic research toward treatment or cures. However, a different method of providing support directly to companies, called venture philanthropy, has begun to gain attention. The nonprofit Cystic Fibrosis Foundation began providing funding to a small biotech company to develop drugs for treating the disease… Read More»