IP & Technology Law Trends
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The Supremes Unanimously Limit the Galactic Design-Patent-Infringement Damages Award in One of the Apple v. Samsung Design-Patent Wars
More than 120 years have passed since the United States Supreme Court last tackled the issue of damages in design-patent cases. This month, the Court put an end to that silence with its decision in Samsung Electronics Co. v. Apple Inc., handing Samsu...
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Free Speech and Functionality
The Founding Fathers ensconced intellectual property rights into the fabric of the original Constitution. Article I, Section 8, Clause 8, of the United States Constitution grants Congress the power "to promote the progress of science and useful arts,...
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The Federal Circuit Reinstates an Apple Victory and Reestablishes the Limits of the Court's Fact-Finding Function
Sitting en banc, the Federal Circuit recently issued its decision in Apple v. Samsung, a stunning rebuke of a panel of that same court, vacating the panel's February 26, 2016 opinion, reinstating a $119.6 million jury award for Apple, and—perhap...
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Keeping Secrets – Don’t Overdo It
In a post-Alice world where patents will become harder to get, many organizations have a renewed interest in protecting innovative information as trade secrets, rather than publishing that information in a patent application. And of course, the first...
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Federal Circuit Serves a Slice of Victory to Apple and Domino's Pizza
Last week, in Apple, Inc. v. Ameranth, Inc., the U.S. Court of Appeals for the Federal Circuit delivered a victory for Apple, Inc. and Domino's Pizza, LLC in their patent war with Internet-based solutions provider Ameranth, Inc. over online ordering...
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What is "Actual Notice"? The Federal Circuit Weighs in for Purposes of Pre-Issuance Patent Damages Under 35 U.S.C. 154(d)
Since 1999, U.S. patent law provides for pre-issuance patent damages of a reasonable royalty measured as far back as the date of the patent publication date (of the issued patent) if: (1) the published patent claims are substantially identical to the...
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