Legal News

Design-Around to Patented Technology Requiring Several Months for Production May Not Qualify as an Available Noninfringing Alternative in a Patent Infringement Damages Determination

June 12th, 2019

Federal Circuit Suggests Infringement May Be Found Under the Doctrine of Equivalents Only in Exceptional Cases

May 31st, 2019

Failure to Conduct an Adequate Pre-Suit Investigation May Lead to an Award of Fees in Exceptional Cases

May 16th, 2019

Patent Exhaustion May Not Protect Parties Upstream of an Initial Authorized Sale of a Patented Product



SUMMARY: Patent exhaustion can protect parties downstream of an initial authorized sale of a patented product in the chain of commerce but may not protect parties upstream of the sale.  In this respect, when a retailer is granted a license from a patent holder to sell an otherwise infringing product, any upstream parties, such as […]

Recently Formed “Precedential Opinion Panel” of the USPTO Issues First Decision, Addresses Joinder Rules and the One Year Time Bar for Petitioning for Inter Partes Review



The U.S. Patent and Trademark Office (“USPTO”) recently created a Precedential Opinion Panel (“Panel”) to establish “binding agency authority” for “issues of exceptional importance.” United States Patent and Trademark Office, Patent Trial and Appeal Board, Standard Operating Procedure 2 (Revision 10) (Sept. 20, 2018), available at, at 1-3 (last viewed March 19, 2019).  These […]

Supreme Court Resolves Circuit Split Holding That Registration by the Copyright Office is a Prerequisite to a Civil Action for Infringement



The United States Supreme Court recently clarified a significant issue of copyright law in Fourth Estate Public Benefit Corp. v., LLC, No. 17-571 (Mar. 4, 2019), settling any dispute concerning when copyright owners may sue for infringement.  Copyright protection exists “in original works of authorship fixed in any tangible medium of expression.” 17 U.S.C. […]