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The Business of Patents

En Banc Federal Circuit Clarifies Divided Infringement Rules

Last week, the Court of Appeals for the Federal Circuit vacated the May 13, 2015 panel opinion in Akamai Technologies, Inc. et al. v. Limelight Networks, Inc. (Fed. Cir., Slip Opinion Case No. 2019-1372, -1380, -1416, -1417) and issued a new en banc opinion.  A copy of the en banc opinion can be...

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Federal Circuit Decision Concerning “Means-Plus-Function” Claiming

When drafting patent claims for a device, it is often desirable to describe the device based on how it works instead of how it is structured.  Describing a device based on how it works is often referred to as “functional claiming.”  Claims that make use of functional claiming are frequently broader in scope...

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Active Inducement of Infringement: A Good Faith Belief in Invalidity is Not a Defense

On May 26, 2015, the U.S. Supreme Court issued its opinion in Commil USA, LLC v. Cisco Systems, Inc., (Case No. 13-896, May 26, 2015). A copy of the slip opinion may be found here Read More

Federal Circuit Clarifies "Divided Infringement" Rules

Following a remand from the U.S. Supreme Court last June, on May 13, 2015 the Court of Appeals for the Federal Circuit issued another opinion in Akamai Technologies, Inc. et al. v. Limelight Networks, Inc.(Fed. Cir., Slip Opinion Case No. 2009-1372, May 13, 2015).  This time, the Federal circuit considered the circumstances...

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Federal Circuit Clarifies Entire Market Value Rule

Determining patent infringement damages is complicated and often borders on the metaphysical.  Under U.S. law, a patent holder is entitled to damages adequate to compensate for the infringement, but in no event less than a “reasonable royalty.”  In some cases, patent holders can establish damages through lost profits.  However, when that is not...

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