Newsletters

Intellectual Property and Patent Litigation Group

Apple v. Samsung: The Federal Circuit Reverses the District Court and Sets New Standards for Obtaining Permanent Injunctions in Patent Infringement Actions

  As the ongoing war between Apple and Samsung continues, one of the key questions facing both parties is whether Apple can ultimately obtain permanent injunctive relief against Samsung in addition to a significant damages award.  The district court initially answered that question in the negative.  On appeal, however, the Federal Circuit reversed.  It held […]

Intellectual Property and Patent Litigation Group

After District Court Invalidates Pharmaceutical Product Patent Based on Clinical Trials, Federal Circuit Reverses Because Clinical Trial Was Not Public

After District Court Invalidates Pharmaceutical Product Patent Based on Clinical Trials, Federal Circuit Reverses Because Clinical Trial Was Not Public   Sunovion Pharmaceuticals, Inc. (“Sunovion”) and Dey L.P., Dey, Inc., and Mylan, Inc. (collectively, “Dey”) develop pharmaceutical products to treat lung disease. Sunovion filed a patent application, followed by an application to test its products […]

Intellectual Property and Patent Litigation Group

Assignment Agreements: How to Obtain All of the Rights to Patents in Assignment Agreements

When drafting assignment agreements, it is important for universities to consider whether, and to what extent, the assignment conveys the right to enforce the patents through litigation. It is also important to understand whether the university has the right to recover past royalties or will be limited to the recovery of future royalties. Indeed, questions […]

Intellectual Property and Patent Litigation Group

Acquiring and Licensing Patents: Does the Language of Your Agreement Provide You with Enforcement Rights?

Acquiring and Licensing Patents:  Does the Language of Your Agreement Provide You with Enforcement Rights?   When acquiring or licensing patents, it is important to consider whether, and to what extent, the acquisition or license conveys the right to enforce the patents through litigation.  It is also important to understand whether you have the right […]

Intellectual Property and Patent Litigation Group

University Technology Transfer and Licensing Legal Alert: Universities Need to Protect Their Intellectual Property

Universities Need to Protect Their Intellectual Property: Recent Decisions from the Federal Circuit and the United States Supreme Court That Impact Intellectual Property Agreements A number of recent Federal Circuit decisions and a decision from the United States Supreme Court have highlighted the importance of assignment clauses in the transfer of intellectual property, particularly patents, […]

Intellectual Property and Patent Litigation Group

The Federal Circuit Puts Another Nail in the Coffin of Declaratory Judgment Actions

The Federal Circuit Puts Another Nail in the Coffin of Declaratory Judgment Actions Patent and Technology trial lawyer Stan Gibson discusses why companies will forestall initiating defensive litigation unless they are fairly certain that an infringement action will be filed. Matthews International Corporation (“Matthews”) filed an action for declaratory judgment and injunctive relief based on an accusation […]

Intellectual Property and Patent Litigation Group

The Federal Circuit Continues to Struggle to Define What Constitutes Patentable Subject Matter Under Section 101 After Bilski

The Federal Circuit Continues to Struggle to Define What Constitutes Patentable Subject Matter Under Section 101 After Bilski Patent and Technology trial lawyer Stan Gibson discusses the impact of Bilski on cases involving the patentability of processes and methods. Bancorp Services, LLC (“Bancorp”) owns two United States patents, the 5,926,792 (“the ’792 patent”) and the 7,249,037 […]

Intellectual Property and Patent Litigation Group

Are Medical Diagnostic Tests Patentable?  The United States Supreme Court Weighs in With the Mayo v. Prometheus Decision

Are Medical Diagnostic Tests Patentable? The United States Supreme Court Weighs in With the Mayo v. Prometheus Decision Patent and Technology trial lawyer Stan Gibson discusses a recent Supreme Court decision that calls into question the patentability of diagnostic methods. In a widely watched and anticipated decision, the United States Supreme Court reversed the Federal […]