Companies often want to discuss some of their latest innovations at industry conferences to establish their technical prominence and build their brand. Inventors who are academics often want to describe their work to their peers to develop their reputations in their chosen
Read More
Every patent claim in every patent is its own invention and stands on its own. An accused infringer is liable for patent infringement if it infringes at least one patent claim in one asserted patent. Some patent cases involve large numbers of
Read More
Now you have your shiny, new issued patent, and you want to go forth and profit from it. To do that, you need to let all of those “infringers” (okay, “potential licensees”) know that you have a patent and that they should
Read More
With the implementation of the America Invents Act (AIA), the United States went from a first to invent to a first inventor to file system of determining priority of patent rights. However, that was not all that changed with the implementation of
Read More
Employees Who Assign Patent Rights to Employers May Have Standing to Challenge Omission as Inventors
Employers do not automatically obtain legal ownership of the patent rights to their employees’ inventions simply because of the employer-employee relationship. Thus, it is a standard practice to require employees to assign their patent rights to their employers in an employment agreement.
Read More
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
Read More
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
Read More
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. Active Inducement of Infringement: A Good Faith
Read More
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,
Read More
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
Read More