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Welcome to the Snell & Wilmer intellectual property and technology litigation blog! Check here for useful news and information about patent, trademark, copyright, trade secret, and other IP and technology litigation developments.
Our IP & Technology Litigation Attorneys:
Supreme Court: Federal Government Is Not Permitted to Challenge Patents Under the AIA
By C. Matthew Rozier In a recent 6-3 decision, the Supreme Court held that the U.S. Postal Service and other federal agencies are prohibited from challenging the validity of patents post-issuance under the proceedings created by the Leahy-Smith America Invents Act (“AIA”). The Court’s decision in Return Mail Inc. v. U.S. Postal Service reversed a Federal Circuit decision holding that the federal government is a “person” for the purposes of 35 U.S.C. §§ 311 and 321. In reversing, the Court cited a longstanding presumption that a “person” does not include the federal government. Importantly, the decision leaves the door open for Read More »
Posted in IP and Technology Litigation, Patent Litigation, Post Grant Proceedings
| Tagged Federal Circuit, Supreme Court
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Legislators Propose Patent Eligibility Overhaul
By Zachary G. Schroeder,* Jacob C. Jones, and David G. Barker In April, we posted an article titled “Section 101 in 2019” summarizing the existing patent eligibility test, discussing recent Federal Circuit decisions, and providing practical strategies for practitioners to navigate the Section 101 landscape. That article highlighted the lack of certainty and predictability under existing law. Bipartisan lawmakers recently released a draft revision to Section 101 abrogating U.S. Supreme Court precedent that has denied patent eligibility where the claimed invention is directed to an abstract idea, law of nature, or natural phenomenon. The bipartisan, bicameral draft bill was created following Read More »
Posted in IP and Technology Litigation, Patent Litigation
| Tagged Patent Eligibility, patentable subject matter, Section 101
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Section 101 in 2019
Snell & Wilmer Lawyers presented their article, Section 101 in 2019, at the ABA Section of Intellectual Property Law’s Annual Meeting in Arlington, Virginia, as part of a program, “101 ‘301’: Advanced Subject Matter Eligibility.” The article summarizes the existing patent eligibility test, discusses recent Federal Circuit decisions, and provides practical strategies for practitioners navigating the Section 101 landscape.
Posted in IP and Technology Litigation, Patent Litigation
| Tagged 35 U.S.C. 101, Alice, Federal Circuit, Mayo, Patent Eligibility, Patent Litigation, patentable subject matter, Section 101
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Federal Circuit Broadens Personal Jurisdiction Based on Patent Infringement Letters
By Daniel S. Ivie and David G. Barker A recent decision by the Federal Circuit has broadened the potential for declaratory judgment personal jurisdiction to exist based on letters sent to accused patent infringers in a foreign forum. In Jack Henry & Associates, Inc. v. Plano Encryption Technologies, LLC, the Federal Circuit appears to now require that a patentee make a “compelling case” that the exercise of jurisdiction in the foreign forum “would be unreasonable and unfair.” For years, the Federal Circuit has held that infringement letters, without more, “are not sufficient to satisfy the requirements of Due Process in Read More »
