Searching Content indexed under Intellectual Property by Carl Bretscher ordered by Published Date Descending.
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Exmark: Reasonable Royalty Damages, Apportionment And Expert Opinions
The US Court of Appeals for the Federal Circuit's recent decision in Exmark Mfg. Co. v. Briggs & Stratton Power Products Group, LLC, __ F.3d __ , Appeal No. 2016-2197 (Fed. Cir. Jan. 12, 2018) ...
United States
29 Jan 2018
Federal Circuit Recognizes A Broad Scope Of Attribution Under The Doctrine Of Divided Infringement
In a recent decision, Travel Sentry, Inc. v. Tropp, __ F.3d __, Appeal Nos. 2016-2386, 2016-2387, 2016-2714, 2017-1025, Slip Op. at 20 (Dec. 19, 2017), the US Court of Appeals ...
United States
5 Jan 2018
Supreme Court Strikes Down Lanham Act's Disparagement Clause As Unconstitutional
In a landmark decision that will significantly impact those seeking to block or cancel trademarks they consider offensive, the U.S. Supreme Court has struck down the "disparagement clause"...
United States
29 Jun 2017
Federal Circuit Applies Pre-AIA Interpretation Of On-Sale Bar To The America Invents Act
In other words, an on-sale bar may be triggered as long as the sale itself was public, regardless of whether "the details of the claimed invention" were publicly disclosed as a result of that sale.
United States
9 May 2017
USPTO Issues Updated Instructions To Examiners For Evaluating Eligibility Under Section 101
As the U.S. Patent & Trademark Office continues to reject applications as being directed to ineligible subject matter in the wake of Alice Corp. v. CLS Bank Int'l, 573 U.S. __, 134 S. Ct. 2347 (2014)...
United States
13 May 2016
Inter Partes Review Passes Constitutional Muster
Last week, the US Court of Appeals for the Federal Circuit held that a final written decision from the Patent Trial and Appeal Board does not violate Article III or the Seventh Amendment of the US Constitution.
United States
15 Dec 2015
Federal Circuit Reverses ITC, Holds That Electronic Transmissions Of Digital Data Are Not "Articles" Subject To ITC Jurisdiction Under Section 337
The case was brought by Align Technology, to stop the importation of digital files that were used to create patent-infringing versions of Invisalign clear braces.
United States
18 Nov 2015
Federal Circuit's En Banc Decision In Akamai v. Limelight Results In Expansion Of Divided Infringement
The US Court of Appeals for the Federal Circuit, sitting en banc, has expanded the scope of divided infringement, a form of direct infringement in which the steps of a method claim are being performed by different parties.
United States
21 Aug 2015
Federal Circuit Authorizes ITC To Bar Imports That May Or May Not Be Used To Infringe
On August 10, 2015, the Federal Circuit extended the reach of the ITC to cover accused articles that do not directly infringe when coming into the country through customs, but are later made or used to directly infringe a method claim.
United States
13 Aug 2015
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