Category Archives: Patents

Making a Federal Case Out of Your Trade Secrets: DTSA Creates Federal Civil Action for Trade Secret Owners

Posted on May 11, 2016 by

Authored by Andrew McNeil Want to make a federal case out of your trade secrets? It got easier to do just that after President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”) into law on May 11, 2016. … Continue reading →

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Supreme Court Gives Power Back to Trial Courts in Patent Cases

Posted on January 20, 2015 by

The Supreme Court today issued a 7-2 decision which should go a long way to reduce almost automatic appeals in patent cases. The Federal Circuit appeals court was created to handle all patent appeals. The Roberts Court has been telling … Continue reading →

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Federal Circuit Hands Gore a $1Billion Loss

Posted on January 13, 2015 by

The Federal Circuit appeals court ruled today Bard Peripheral Vascular and David Goldfarb, M.D. are owed a billion dollars by W.L. Gore & Associates for willful patent infringement. The litigation has been going forever, and the decision today is the … Continue reading →

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Alice Did Not Kill Software or Business Method Patents

Posted on July 10, 2014 by

Whether Alice killed the Jabberwock in Through the Looking-Glass, and What Alice Found There is still up for grabs. Whether the Supreme Court’s Alice Corporation Pty. Ltd. v. CLS Bank decision last month killed all computer enabled patents with abstract … Continue reading →

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A Proposal for Legislators —Troll Repellant for Small Businesses

Posted on August 21, 2013 by

Require patent trolls to comply with requirements like the debt collector provisions in the Fair Debt Collection Practices Act. If anyone is advocating this approach, I missed it and apologize for being unaware. But applying concepts from the FDCPA could … Continue reading →

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Will Sunlight Turn Trolls to Stone?

Posted on May 23, 2013 by

The End Anonymous Patents Act, H.R. 2024, was introduced in Congress to force patent owners and their real parties in interest to identify themselves in public disclosures to the Patent Office. This is supposed to be an anti-troll measure that shines light … Continue reading →

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Patent Injunctions and Chief Judge Rader—Details Wanted

Posted on January 24, 2013 by

IP Law360 reports that Federal Circuit Chief Judge Randall Rader on Tuesday chastised the US Supreme Court for getting it wrong on when injunctions should issue against patent infringers. He reportedly said their 2006 decision in eBay Inc. and Half.com v. MercExchange, … Continue reading →

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No Red Carpet But Academy Award Winner Wins Again

Posted on July 30, 2012 by

The Court of Appeals for the Federal Circuit today handed the win to David Grober and reinstated his patent infringement action by reversing a district court’s award of summary judgment based only on claim construction. Grober v. Mako Products,  2010-1519, -1527 (Fed. … Continue reading →

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Patent Killing Publications Presumed Enabled: Federal Circuit

Posted on July 27, 2012 by

The Court of Appeals for the Federal Circuit today made it harder for patent applicants and easier for PTO examiners when a patent application is rejected because of prior art. In Re Antor Media Corp., 2011-1465 (Fed. Cir. July 27, 2012). The key word here is  … Continue reading →

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