Amazon Debuts New Pilot Program to Combat Utility Patent Infringement

It has become more and more routine in the past few years for a client to call Woodard, Emhardt, Henry, Reeves & Wagner, LLP regarding an infringing item being sold on Amazon.  Often the seller is new and/or located overseas. …

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Regarding “Patent Trolling”, Plaintiff Ordered to Pay Attorney’s Fees after First Application of New Standard for Awarding Attorney’s Fees in Patent Cases

In the case of Lumen View Tech. LLC v. Findthebest.com, Inc. , the Southern District of New York has become the first court to hand down an opinion and order following the Supreme Court decision of Octane Fitness, LLC v.…

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Supreme Court Modifies Standard for Awarding Attorney’s Fees in Patent Cases

Two recently decided Supreme Court cases have made it easier for a party to be granted attorney’s fees after winning a case. According to 35 U.S.C. §285, a court may award attorney’s fees to a winning party in “exceptional” cases.…

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Patent Eligibility at the Supreme Court

On December 6, the U.S. Supreme Court agreed to hear a case about whether computer-implemented inventions are patent-eligible subject matter under 35 U.S.C. § 101. The case, Alice Corporation Pty. Ltd. v. CLS Bank International, No. 13-298, involves computer technology…

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America Invents Act (AIA) Transition Patent Application Statements

The presentation and accompanying video below generally concerns the procedures and rules for identifying whether or not patent applications are subject to the America Invents Act, commonly known as the AIA. It more specifically concerns the procedures and practices for…

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Saving High-tech Innovators from Egregious Legal Disputes, or SHIELD Act

Representatives Peter DeFazio (D-Ore.) and Jason Chaffetz (R-Utah) recently reintroduced H.R. 845, the Saving High-tech Innovators from Egregious Legal Disputes, or SHIELD Act. The bill seeks to “protect American tech companies from frivolous patent lawsuits that cost jobs and resources”…

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New Year Brings New Amendments to AIA

With confetti still lingering in the air Congress passed H.R. 6621 which includes many technical amendments to the America Invents Act.  The passing of H.R. 6621 was not without a small amount of controversy as a section dealing with still…

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Federal Circuit Affirms Dismissal of Declaratory Judgment Action obtained by Woodard Emhardt

Matthews International Corp. manufactures and sells a Bio Cremation™ product that uses a hydrolysis process to accelerate the natural decomposition of the body to cremate human remains.  In 2011, Matthews filed suit against our client, Biosafe Engineering, LLC, seeking a…

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U.S. Supreme Court Issues Decision in Microsoft v. i4i Case

The U.S. Supreme Court has handed down a decision in the much-anticipated Microsoft v. i4i case.  In its decision, the Supreme Court affirmed that invalidity of a patent must be proved by clear and convincing evidence.  To read the full…

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Supreme Court Clarifies Patent Ownership Under Bayh-Dole Act

As a result of Leland Stanford Junior University  v. Roche Molecular Systems, Inc., No. 09-1159, organizations and universities subject to the Bayh-Dole Act should construct more effective assignment agreements with their employees instead of relying on the Bayh-Dole Act to…

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Charlie Meyer Presents on Intellectual Property Issues at Rotary Club of Indianapolis Luncheon

Woodard, Emhardt partner Charlie Meyer was the featured speaker at the November 30th, 2010 meeting of the Rotary Club of Indianapolis. Mr. Meyer’s presentation included a humorous and educational look at aspects of patent and trademark law, in addition to noting…

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USPTO Provides Interim Guidance for Determining Patent Eligible Subject Matter in View of Bilski Decision

The United States Patent and Trademark Office (USPTO) has provided interim guidelines for determining subject matter eligibility under 35 U.S.C. §101 for process claims in view of the United States Supreme Court’s 2010 decision in Bilski v. Kappos.  The guidelines…

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