IP & Technology Law Trends
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Supreme Court Squeezes Patents: TC Heartland v. Kraft Foods & Impression Products v. Lexmark
In a pair of important decisions over the last week, the Supreme Court again changed the patent protection landscape (and again overruled the Federal Circuit). In TC Heartland LLC v. Kraft Foods Group Brands, LLC, the Supreme Court took on the i...
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It’s Not Always Sunny in Philadelphia: CertainTeed v. BIPV
In CertainTeed v. BIPV, the United States District Court for the Eastern District of Pennsylvania has given us a good reminder that patents (or patent applications) and trade secrets don’t mix well, and also weighed in on the confounding question of...
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The Supremes Have Spoken: The Defense of Laches Does Not Apply to Patent Infringement Suits...
...but can only collect damages for six years prior to filing suit.
In a stunning upset of years of jurisprudence (Federal Circuit Court of Appeals, prior patent act), the U.S. Supreme Court determined that laches (an equitable remedy) cannot be appl...
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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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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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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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