BTLJ Holiday Patent Reform Round Up

We are now in the tail end of the season where millions of America brave wintry weather, TSA … Continue Reading

Will the New USPTO Administrative Proceedings Solve the Software Patent Problem?

Amidst current discussions on the “problem” posed by software patents, David Kappos, Director of the United States Patent and … Continue Reading

The Long Road to a Supranational Patent System in the European Union

On June 29, 2012, Mr. Herman Van Rompuy, the President of the European Council, announced that twenty-five of … Continue Reading

The Curious Case of Design Patents

Design patents have not received much press until recently. However, the smartphone industry and fashion houses are increasingly … Continue Reading

The Uncertain Future of Divided Patent Infringement

The law of patent infringement is governed by 35 U.S.C. § 271. In particular, § 271(a) describes what constitutes infringement: … Continue Reading

Therasense, Inc. v. Becton, Dickinson and Co.: A Radical Change in the Legal Standard of Inequitable Conduct

Overview On May 25, 2011, the Federal Circuit issued its en banc opinion in Therasense, Inc. v. Becton, … Continue Reading

Centocor v. Abbott Labs: Enforcing the Written Description Requirement in the Unpredictable Arts

In the recent Centocor Ortho Biotech, Inc. v. Abbott Laboratories (PDF), the Federal Circuit found that Defendant Abbott … Continue Reading

District Court Finds Qui Tam Provision in Patent False Marking Law Unconstitutional: Unique Product Solutions v. Hy-Grade Valve

35 U.S.C. § 292 is known as the Patent False Marking Statute and contains two subsections.  Subsection (a) says … Continue Reading

Centillion Data Systems, LLC v. Qwest Communications International: New Aspects to Divided Infringement

In Centillion Data Systems, LLC v. Qwest Communications International (PDF), the Federal Circuit limited its doctrine that for … Continue Reading

Uniloc v. Microsoft: Reducing the Potential to Recover Reasonable Royalty Rate Damages

In the recent Uniloc v. Microsoft (PDF), the Federal Circuit made two significant changes to the standards by … Continue Reading