Category Archives: Patents

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

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

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

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

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

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?

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

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 v. MercExchange, … Continue reading

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