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.

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Laches Remains a Defense to Legal Relief in Patent Infringement Cases After Petrella

Laches remains applicable in the patent context to bar pre-suit damages after an en banc Federal Circuit ruling late last week in SCA Hygiene Products Aktiebolag v. First Quality Baby Products. Last year in the “Raging Bull” decision (Petrella v. Metro-Goldwyn-Mayer), the Supreme Court held that laches could not bar copyright infringement damages within the three year statute of limitations period, because Congress had expressly legislated on the timeliness of copyright claims when it created a statute of limitations. Under Federal Circuit precedent in A.C. Aukerman v. R.L. Chaides Construction, laches bars pre-suit damages in a patent case where there   Read More »

Posted in IP and Technology Litigation, Patent Litigation | Tagged , , ,

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