Recently by Kelsey I. Nix
In The Wake Of Bilski, U.S. Patent Office Issues Guidelines For Determining Whether Method Claims Recite Eligible Subject Matter
The United States Patent and Trademark Office (PTO) published Interim Guidance on July 27, 2010, for evaluating method claims for subject-matter eligibility under § 101 of the Patent Act.1 The guidance follows this year's long-awaited Supreme Court decision in Bilski v. Kappos .2The Court held...
Read MoreFederal Circuit Ignites Interest In False Patent Marking Lawsuits
A specific category of patent lawsuit has occupied federal courts this year: approximately 15 percent of all patent cases have been "false marking" cases.1These cases allege that a company has marked a product with a patent that has expired, is invalid, or does not cover the product. The...
Read MoreFederal Circuit Raises The Bar For Business Method Patents
The United States Court of Appeals for the Federal Circuit issued a decision on October 30, 2008 in a closely watched case on the patentability of processes under Section 101 of the Patent Act.1Chief Judge Michel's en banc majority opinion in the Bilski case adopted a more stringent test for the...
Read MoreU.S. Supreme Court Unanimously Reverses Federal Circuit In LG Electronics Case And Limits A Patent Holder's Ability To Demand Downstream Royalties On The Use Of A Product
On June 9, 2008, the United States Supreme Court reversed a decision by the U.S. Court of Appeals for the Federal Circuit in the closely watched battle between LG Electronics, Inc. ("LGE") and Quanta Computer, Inc. The decision restricts LGE's ability to demand royalties from Quanta, which had...
Read MoreFTC And DOJ Issue Joint Report Regarding Antitrust Enforcement And Intellectual Property Rights
Interesting and difficult questions lie at the intersection of intellectual property rights and antitrust enforcement. The U.S. Department of Justice and the Federal Trade Commission (the "Agencies") recently released a long-awaited joint report on that intersection entitled "Antitrust Enforcement...
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