Tag: Patent Law
Defendants Can’t Recover IPR Fees or Hold Opposing Counsel Liable in Patent Disputes
May 20, 2024
Dragon Intell. Prop. LLC v. DISH Network L.L.C Authored by: Jeremy J. Gustrowsky A recent appellate decision clarifies the limits of attorney fee awards in patent disputes, especially when a defendant prevails by invalidating a patent through inter partes review…
Read MorePrinted Matter Doctrine Narrowed: Federal Circuit Clarifies Limits in Patent Disputes
May 1, 2024
IOENGINE, LLC v. Ingenico Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit has clarified how the “printed matter doctrine” applies to modern technology patents, particularly those involving software and encrypted communications. The case centered on…
Read MoreRemote Medical Imaging Patents Found Too Abstract for Protection
April 4, 2024
AI Visualize, Inc. v. Nuance Commc’ns, Inc. Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights the ongoing challenges of patenting software-based inventions, especially those involving data processing and remote access. In this case, AI Visualize,…
Read MoreDon’t Try to Sneak in Extra Arguments by Incorporating Briefs—The Court is Watching
February 16, 2024
Promptu Sys. Corp. v. Comcast Cable Commc’ns, LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit sent a clear message to attorneys: you can’t get around word limits by “incorporating by reference” arguments from one legal…
Read MoreOperating Manuals Can Be Prior Art: Federal Circuit Clarifies Public Accessibility Standard
February 8, 2024
Weber, Inc. v. Provisur Techs., Inc Authored by: Jeremy J. Gustrowsky In a significant decision for patent law, the Federal Circuit has clarified when company operating manuals can count as “printed publications” that qualify as prior art against patents. The…
Read MorePatent Board Can Allow New Arguments on Amended Claims, Even from Joined Parties
January 18, 2024
CyWee Grp. Ltd. v. ZTE (USA), Inc Authored by: Jeremy J. Gustrowsky A recent decision highlights how the U.S. Patent Trial and Appeal Board (PTAB) handles motions to amend patent claims during inter partes review (IPR) proceedings, especially when new…
Read MoreCourt Clarifies What It Means to “Identify a Single Biomolecule” in Patent Claims
January 9, 2024
Pac. Biosciences of Cal., Inc. v. Pers. Genomics Taiwan, Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit has provided important guidance on what it means for a patented device to be “capable of identifying a…
Read MoreU.S. Patent Milestones
October 25, 2023
With intellectual property rights enshrined in the United States Constitution, the patent system is nearly as old as the nation itself. The U.S. government has granted millions of patents since Samuel Hopkins received the first patent in U.S. history on…
Read MorePatent Income Tax Exemption for Taxpayers in Indiana
July 13, 2023
Did you know, the State of Indiana offers tax exemptions for income derived from qualified patents and earned by a taxpayer domiciled in Indiana? For more information, see Indiana Economic Development Corp
Read MoreAmazon Debuts New Pilot Program to Combat Utility Patent Infringement
February 12, 2019
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. …
Read MoreRegarding “Patent Trolling”, Plaintiff Ordered to Pay Attorney’s Fees after First Application of New Standard for Awarding Attorney’s Fees in Patent Cases
June 19, 2014
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.…
Read MoreSupreme Court Modifies Standard for Awarding Attorney’s Fees in Patent Cases
May 2, 2014
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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