In the recent case of LKQ Corporation v. GM Global Technology Operations LLC, the en banc (for the first time in five years) Federal Circuit overruled the long-established Rosen-Durling test used for evaluating the...more
State Universities Gain Immunity from IPRs -
Today, many universities own extensive patent portfolios that are managed by sophisticated tech transfer offices. Universities obtain these patents for many reasons, not the...more
2/17/2017
/ Article III ,
Breach of Contract ,
Educational Institutions ,
Eleventh Amendment ,
Florida ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
IP License ,
IP Portfolio ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Sovereign Immunity ,
Standing ,
Technology ,
Universities ,
University of Florida ,
USPTO
On December 6, 2016, the United States Supreme Court threw out a $399 million damages award against Samsung for infringing three design patents, opening the door on a new era in design patent infringement damages and the...more
In a highly integrated economy like Europe’s, cross-border litigation is common. Oftentimes, a suit may be brought in a court in one EU country against a defendant with assets in many EU countries, so that a judgment from...more
With a near unanimous (410-2) vote on April 27, 2016, the House passed the “Defend Trade Secrets Act” (“DTSA”). Having already been passed by the Senate (87-0), the legislation advances to President Obama, who has signaled...more
5/4/2016
/ Asset Seizure ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Ex Parte ,
Intellectual Property Protection ,
Misappropriation ,
Non-Disclosure Agreement ,
Notice Requirements ,
Pending Legislation ,
Private Right of Action ,
Remedies ,
State Law Claims ,
Trade Secrets ,
Whistleblower Protection Policies
Laches is an equitable defense based on a plaintiff’s unreasonable delay in pursuing a claim. In 2014, the Supreme Court effectively eliminated the laches defense in copyright cases, ruling that the copyright statute allows...more
9/23/2015
/ Copyright ,
En Banc Review ,
Ex Partes Reexamination ,
Laches ,
Limitation Periods ,
Non-Practicing Entities ,
Patent Act ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Petition For Rehearing ,
Petrella v. MGM ,
Prior Art ,
SCOTUS