Category Archives: Developing Law

The Party’s Over: The Death of Patent Cases In the Eastern District of Texas

Today, the Supreme Court released its much-anticipated decision in TC Heartland v. Kraft Foods (decision available here). The Supreme Court reversed decades of Federal Circuit case law that essentially allowed a patent-infringement defendant to be sued wherever it sold the … Continue reading

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PWC’s 2017 Patent Litigation Study

PWC’s 2017 Patent Litigation Study is out (available here) and worth a read for those who litigate patent cases. Notable aspects of the study include that 2016 saw 9% fewer patent cases filed when compared to 2015, median time-to-trial is … Continue reading

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Supreme Court Rules That Designs On Surface Of Cheerleading Uniforms Are Copyright Eligible

On March 22, 2017, the Supreme Court issued its decision in Star Athletica v. Varsity Brands (decision available here). The Court held that the arrangement of “lines, chevrons, and colorful shapes appearing on the surface of [] cheerleading uniforms” are … Continue reading

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Goodbye Laches Defense In Patent Cases

On March 21, 2017, the Supreme Court issued its decision in SCA Hygiene Products v. First Quality Baby Products (decision available here). In SCA, the patent owner accused the defendant of infringement in 2003. The defendant responded, claiming that the … Continue reading

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Supreme Court’s Life Technologies v. Promega Decision

On February 22, 2017, the Supreme Court issued its Life Technologies v. Promega decision (available here). The Patent Act (Section 271(f)(1)) prohibits the supply from the United States of “all or a substantial portion” of the components of a patented … Continue reading

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Supreme Court Unanimously Reverses Federal Circuit’s $399 Million Decision in Samsung v. Apple

On December 6, 2016, the Supreme Court issued its (unanimous) opinion in Samsung v. Apple (decision available here). The opinion involved the proper amount of damages for infringement of a design patent. Under 35 U.S.C. § 289, a person who … Continue reading

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Dallas Court of Appeals Rules That Texas Does Not Recognize Patent Agent Privilege

On August 17, 2016, the Dallas Court of Appeals, in In re Silver, 05-16-00774-CV, 2016 WL 4386004 (Tex. App.—Dallas Aug. 17, 2016, no. pet. h.), found that the State of Texas does not recognize a patent-agent privilege, because “[n]o Texas … Continue reading

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Supreme Court Clarifies When An Award Of Attorney’s Fees Is Proper Under The Copyright Act

On June 16, 2016, the Supreme Court issued its unanimous opinion in Kirtsaeng v. John Wiley & Sons, Inc. (available here). Section 505 of the Copyright Act states that a district court “may . . . award a reasonable attorney’s … Continue reading

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Supreme Court Upholds “Broadest Reasonable Construction” Standard in Inter Partes Reviews

On June 20, 2016, the Supreme Court issued its decision in Cuozzo Speed Technologies, LLC v. Lee (available here). The decision had two notable holdings. First, the Supreme Court held that the Patent Office could properly implement its regulation that, … Continue reading

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Federal Defend Trade Secrets Act Now In Effect

Effective May 11, 2016, the United States enacted the Defend Trade Secrets Act, which provided, for the first time, a federal cause of action for trade secret misappropriation. Notable provisions of the Act include those: Providing for a private civil … Continue reading

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