Legal News

A Document Accessible to the Public May Qualify as a Prior Art Reference Even If the Document Was Not Accessed

July 31st, 2019

What’s in a Name? Establishing Irreparable Harm to Brand Equity Can Help Support a Preliminary Injunction

July 23rd, 2019

Vehicle Terrain Response Technology Found to Qualify as Patent-Eligible Subject Matter

July 9th, 2019

A Pre-Institution Merger May Prevent Inter Partes Review Challenges



Summary: The Court of Appeals for the Federal Circuit (“Federal Circuit”) recently addressed the issue of privity relationships and the inter partes review (“IPR”) institution time bar set forth in 35 U.S.C. § 315(b) in Power Integrations, Inc. v. Semiconductor Components Industries, No. 2018-1607 (Fed. Cir. June 13, 2019).  The Federal Circuit held that privity and […]

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



Summary:  A finding of infringement may result in an award of actual damages or a reasonable royalty to a patent owner.  To be entitled to actual damages, the patent owner must at least prove the absence of acceptable noninfringing alternatives.  Even if the accused infringer did not have an acceptable noninfringing alternative on the market […]

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



SUMMARY:  A recent decision from the Federal Circuit examined the application of the doctrine of equivalents in an infringement suit relating to biological products.  In particular, the Federal Circuit stated that the doctrine only applies in exceptional cases, thereby suggesting a limitation of the application of the doctrine. In Amgen Inc. v. Sandoz Inc., No. […]