IP & Technology Law Trends
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Brexit & IP: Five Things You Should Know
Last night, in an election that had one of the largest voter turnouts in British history, a majority of UK citizens voted for the UK to exit the European Union. The ramifications of this vote are still being determined, but at least with respect to...
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Supreme Court Makes Recovery of Treble Damages Easier in Patent Cases: Halo Electronics, Inc. v. Pulse Electronics, Inc.
In what is becoming a trend, the United States Supreme Court on Monday overturned longstanding Federal Circuit precedent, with the result that it should now be easier for a successful litigant to recover treble damages for pursuing patent infringemen...
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What is "Actual Notice"? The Federal Circuit Weighs in for Purposes of Pre-Issuance Patent Damages Under 35 U.S.C. 154(d)
Since 1999, U.S. patent law provides for pre-issuance patent damages of a reasonable royalty measured as far back as the date of the patent publication date (of the issued patent) if: (1) the published patent claims are substantially identical to the...
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Justice Scalia and the Court's Patent Case Docket
The weekend's news about Justice Antonin Scalia's passing was a shocker. Justice Scalia always appeared so vigorous that he seemed much younger than his 79 years. His high level of legal scholarship was always on display. Justice Scalia was nothing i...
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The Tortoise and the Hare: New USPTO Pilot Program Aims to Give the Tortoise a Little Boost
The U.S. patent system presents an interesting "tortoise and hare" dichotomy in which the pace of innovation and market forces continues to accelerate, thanks in part to the AIA switchover to a “first-to-file” system, while the USPTO struggles to kee...
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Suspicious Solicitations: Give “USPTO” Notices a Proper Sniff Test
Intellectual property is a valuable asset for any company or individual, and getting a patent or trademark application on file, and eventually granted, can be an exciting time. It is a paperwork-intensive process (notwithstanding that most U.S. filin...
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