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Supreme Court Upholds, But Limits, Assignor Estoppel Doctrine

On June 29, 2021, the Supreme Court limited the doctrine of assignor estoppel that has long prevented inventors from challenging the validity of patents they have assigned to a third party. ...more

Supreme Court: Patent Owner Cannot Limit Use of Patented Product Once Product is Sold

U.S. patents incentivize innovation by allowing patent owners to prevent others from making, using, offering for sale, selling, or importing their inventions into the United States for a period of 20 years. Patent owners are...more

Supreme Court Reins in Venue for Patent Cases

For nearly three decades, patent owners have been able to file patent infringement lawsuits in any court that had personal jurisdiction over the accused infringer. This broad approach to venue led to the rise of remote...more

Supreme Court Changes Standard for Determining Damages for Design Patent Infringement

Samsung Electronics Co., Ltd. v. Apple Inc. (No. 15-777) - In the closely-watched Samsung v. Apple case, the Supreme Court today issued a landmark ruling that changed the long-standing rule for calculating damages for...more

En Banc Federal Circuit Changes Standard for Using Functional Language in Patent Claims

Richard A. Williamson v. Citrix Online, LLC, et al. (No. 2013-1130) - 35 U.S.C. § 112, para. 6 allows patent applicants to draft their claims in a way that recites a function to be performed, rather than by reciting a...more

Supreme Court Strikes Down New Defense to Inducing Patent Infringement

On May 26, 2015, the Supreme Court issued its decision in Commil USA, LLC v. Cisco Systems, Inc. (No. 13-896), rejecting the accused patent infringer’s argument that a good faith belief that the patent is invalid is a defense...more

Supreme Court Considers New Defense to Inducing Infringement

On March 31, 2015, the Supreme Court heard oral argument in Commil USA, LLC v. Cisco Systems, Inc. (No. 13-896), which relates to whether a defendant can be liable for inducing infringement if the defendant had a good faith...more

Supreme Court Changes Standard Of Review For Patent Claim Construction Rulings

In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court revised the standard of review used by the Federal Circuit for nearly twenty years in reviewing claim construction rulings, replacing a de novo standard...more

Supreme Court Changes Appellate Standard of Review for Claim Construction Rulings in Patent Cases

In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court revised the standard of review used by the Federal Circuit for nearly twenty years in reviewing claim construction rulings, replacing a de novo standard...more

Federal Circuit Reverses Course, Affirms Patent Ineligibility Ruling in View of Surpreme Court Alice Decision

On November 14, 2014, after twice before reversing the lower court’s dismissal of Ultramercial’s complaint for failing to claim statutory subject matter, the Federal Circuit agreed with the lower court that Ultramercial’s...more

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