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US Supreme Court

  • The history and future of induced infringement liability

    July 15, 2015

    On May 26, the US Supreme Court held in Commil USA v Cisco Systems that a defendant’s good-faith belief that a patent is invalid is not a defence to induced infringement under 35 USC § 271(b). What is the history of the good-faith defence to induced infringement, and how should rights holders prepare going forward? Dalila Argaez Wendlandt and Peter Walkingshaw explore the issues

  • An obscure rule gets time in spotlight

    June 25, 2015

    The US Supreme Court’s ruling this week in Kimble v Marvel has brought attention to a little-known patent licensing rule that even some sophisticated parties did not know about

  • Supreme Court: Want post-expiration royalties? Go to Congress

    June 22, 2015

    The US Supreme Court has upheld the ban on royalty payments for sales made after a patent’s expiration

  • Supreme Court decision may result in more attorneys’ fees awards

    May 29, 2015

    The Supreme Court’s decision in Commil v Cisco encourages trial courts to exercise their powers to award sanctions and attorneys’ fees against parties bringing frivolous patent claims

  • Supreme Court defends presumption of patent validity

    May 26, 2015

    The US Supreme Court has rejected the argument that a good faith belief in a patent’s invalidity is a defence against liability for inducement to infringe

  • Supreme Court rules on TTAB preclusion

    April 28, 2015

    The US Supreme Court last month held that TTAB litigants are not entitled to a second bite at the apple in subsequent Federal Court infringement litigation – unless it is a materially different apple. David Donahue and Jason Jones explain

  • US Supreme Court tackles intent in induced infringement

    April 01, 2015

    The presumption of validity, aiding and abetting, the relationship between infringement and invalidity, and production lines grinding to a fault- these are some of the topics discussed in yesterday’s Supreme Court oral arguments in Commil v Cisco

  • What is Spiderman's take on post-expiration patent royalties?

    April 01, 2015

    In the Supreme Court argument in Kimble v Marvel, several Justices appeared hesitant to overrule Brulotte's restrictions on royalty agreements that extend past a patent's expiration. Managing IP was there for the blow-by-blow

  • Supreme Court's B&B decision raises the stakes at TTAB

    March 30, 2015

    The Supreme Court’s decision on the preclusive effect of Trademark Trial and Appeal Board rulings means that brand owners may have to prepare a lot more carefully for TTAB proceedings

  • Supreme Court: TTAB finding may preclude court ruling on same issue

    March 25, 2015

    In a 7-2 decision written by Justice Samuel Alito, the US Supreme Court found that issue preclusion should apply to rulings by the Trademark Trial and Appeals Board as long as the ordinary requirements for issue preclusion are met and the uses examined by the TTAB and the district court are materially the same

  • Supreme Court overhauls Federal Circuit’s standard of claim construction review

    January 21, 2015

    The US Supreme Court in its Teva Pharmaceuticals USA v Sandoz ruling has outlined a new rule for the Federal Circuit when reviewing the underlying facts in a district court’s claim construction. One observer described it as “a ground shift, but not a true earthquake”

  • Supreme Court rules that juries should determine trade mark tacking

    January 21, 2015

    The US Supreme Court has unanimously held that the question of whether two trade marks may be tacked for purposes of determining priority is a question for the jury, in its Hana Financial v Hana Bank opinion

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