BNA INSIGHTS: Design Patents Sunk in International Seaway Opinion

The author charges that the Federal Circuit’s analysis of anticipation and obviousness in a two-year old design patent ruling has created a “maelstrom” in design patent law…

ITC Grants Apple’s Bid for Injunction Against HTC’s Android Phones, as of April 19, 2012

The International Trade Commission issued an order Dec. 19 banning imports by HTC Corp. of Android smartphones as infringing a valid patent held by Apple Inc…

Supreme Court Distinguishes Novelty, Obviousness In Weighing Medical Method Patent Eligibility

The U.S. Supreme Court heard oral arguments Dec. 7 on the patent eligibility of methods of medical diagnosis and treatment under 35 U.S.C. §101, but the debate turned early and often to the relative roles of Section 101 versus patentability issues of anticipation and obviousness under Sections 102 and 103…

BNA INSIGHTS: The America Invents Act: How Does It Strengthen the Patent System?

The author outlines the key provisions of the recently enacted patent reform legislation…

BNA INSIGHTS: Did Patent Reform Level the Playing Field for Foreign Entities?

The author suggests that the recently enacted America Invents Act has left foreign entities better off than they were under previous U.S. law…

BNA INSIGHTS: Third Party Challenges to Patentability under the America Invents Act

Proceedings in the Patent and Trademark Office offer third parties a number of ways to challenge the patentability of pending or issued claims. One goal in providing such proceedings has been to offer a fast and effective alternative to litigation.

BNA INSIGHTS: Treatment of Business Method Patents in Pending Patent Reform Legislation: Bilski Backlash?

Business method patents have often attracted negative attention, and even after the Supreme Court decision in Bilski v. Kappos, those concerns persist…

Supreme Court Takes Two More Patent Cases for Term Beginning in October

Patent law will once again be featured in U.S. Supreme Court deliberations next fall, as the court June 27 added two more certiorari grants to the Mayo v. Prometheus review decision less than a week earlier…

Supreme Court Affirms Clear and Convincing Evidence Norm for Patent Validity Challenges

The U.S. Supreme Court rejected Microsoft Corp.’s challenge to Federal Circuit precedent and held unanimously June 9 that an alleged infringer must show by clear-and-convincing evidence that the patent it is accused of infringing is invalid (Microsoft Corp. v. i4i Limited Partnership, U.S., No. 10-290, 6/9/11).

BNA INSIGHTS: The Sword and the Shield—How Recent Developments in Patent Damages Law Can Help Your Case as Both a Defendant and a Plaintiff

PATENTS:
The astute litigator can use the current state of patent damages law as both a shield against unreasonably high damages awards, and as a sword that can drive high-value patent damages recoveries…

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