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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 Opens the Door to Recovering Lost Foreign Profits in Patent Cases
By Peter R. Montecuollo and David G. Barker In a 7-2 decision, the Supreme Court of the United States has opened the door for patent owners to recover lost foreign profits under §§ 284 and 271(f)(2) of the Patent Act. Although the Court’s decision in WesternGeco LLC v. ION Geophysical Corp. represents a marked shift from the lost-foreign-profits calculus courts applied previously, it does not create an automatic right to recover lost foreign profits. Instead, the Court supplanted the Federal Circuit’s rigid prohibition against recovering lost foreign sales (see Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc.) with a case-by-case Read More »
Posted in IP and Technology Litigation, Patent Litigation
| Tagged Federal Circuit, Lost Foreign Profits, patent, Supreme Court
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Supreme Court Uproots Current PTAB Practice by Quashing Partial Decisions
By Trisha Farmer Lau and David G. Barker On April 24, 2018, in SAS Institute, Inc. v. Iancu, the Supreme Court held that the Patent Trial and Appeal Board (“PTAB”) must decide the validity of every patent claim challenged when it undertakes inter partes review under the America Invents Act (“AIA”). In a 5-4 decision, the Court ruled in favor of SAS Institute, Inc., a software developer that filed an inter partes review petition and argued that the PTAB’s final decision must address all challenged claims in the petition. Before this decision, a U.S. Patent and Trademark Office regulation, 37 Read More »
Posted in Inter Partes Review, IP and Technology Litigation, Patent Litigation
| Tagged inter partes review, IPR, patent, PTAB, Supreme Court
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Supreme Court Confirms Inter Partes Review Is Constitutional
By Jacob C. Jones and David G. Barker In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, the United States Supreme Court held today, in a 7-2 decision, that the inter partes review process under the America Invents Act (AIA), 35 U.S.C. § 100 et seq. (2011), does not violate Article III or the Seventh Amendment of the U.S. Constitution. As we noted previously, inter partes review is a popular administrative proceeding where the Patent Trial and Appeal Board (PTAB; part of the United States Patent and Trademark Office) decides whether challenged patents are valid. As of March Read More »
Posted in Inter Partes Review, IP and Technology Litigation, Patent Litigation, Post Grant Proceedings
| Tagged Federal Circuit, inter partes review, IPR, Oil States, patent, PTAB, Supreme Court
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Federal Circuit Clarifies Venue Waiver After TC Heartland
By Peter R. Montecuollo and David G. Barker The Federal Circuit issued guidance yesterday for district courts deciding venue challenges after the Supreme Court’s May 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC. In In re Micron Technology, Inc., the Federal Circuit granted Micron Technology, Inc.’s petition for a writ of mandamus, holding that TC Heartland “changed the controlling law” by making available a venue defense that was not “available” to patent infringement defendants prior to the Supreme Court’s decision. In the wake of TC Heartland, Micron Technology moved to dismiss or transfer President and Fellows Read More »
Posted in IP and Technology Litigation, Patent Litigation, Uncategorized
| Tagged Federal Circuit, patent, Venue
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Supreme Court to Consider Constitutionality of AIA Inter Partes Review Proceedings
By Rachael Peters Pugel and Andrew F. Halaby The Supreme Court has granted a writ of certiorari challenging the constitutionality of inter partes review proceedings conducted by the United States Patent and Trademark Office under the America Invents Act. The Court’s ruling in this matter, especially if it holds inter partes reviews to be unconstitutional, could massively destabilize the patent law system by casting into doubt an administrative regime that has diverted thousands of patent disputes from the federal court system, as well as the many hundreds of decisions invalidating patent claims so far yielded by that regime. Post-issuance proceedings Read More »
Posted in Inter Partes Review, IP and Technology Litigation, Patent Litigation, Post Grant Proceedings
| Tagged Federal Circuit, inter partes review, IPR, patent, PTAB, Supreme Court
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