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»

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Cuozzo Speed Technologies, LLC v. Lee

On April 25, the Supreme Court will hear oral arguments in a patent case that has implications for the integrity of the patent system. At issue is the continued viability of the most comprehensive reform of the patent system since 1952, the America Invents Act.

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Supreme Court Case on Enhanced Damages

When can a patent owner obtain enhanced damages in a successful suit for patent infringement? What is the relationship between the standard for awarding enhanced damages and awarding attorney’s fees in patent cases? These and other questions were debated before the Supreme Court on February 23, 2016, in a pair of consolidated cases, Halo Electronics v. Pulse Electronics and Stryker Corp. v. Zimmer. The final decision, to be announced in the next few months, will affect patent practice as well as the pace of technology development and litigation.

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Goldman Sachs Programmer on Trial for “Stolen Code”

Sergey Aleynikov is a former Goldman Sachs computer programmer who in 2009 was charged in federal court with violating the Economic Espionage Act (EEA) and the National Stolen Property Act (NSPA) after it was found that he had e-mailed himself 8 megabytes of source code four separate times that came… Read More»

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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.”

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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.

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