On January 22, 2019, the Supreme Court issued Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. Helsinn holds that “an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can qualify as …
On June 22, 2018, the Supreme Court issued WesternGeco LLC v. ION Geophysical Corp. WesternGeco holds that a patent owner can recover lost foreign profits arising out of infringement under 35 U.S.C. § 271(f)(2). As such, WesternGeco is pro-patent. In …
On April 24, 2018, the Supreme Court issued Oil States Energy Services, LLC v. Greene’s Energy Group, LLC and SAS Institute Inc. v. Iancu. Oil States holds that inter partes review of a patent does not violate Article III or …
SCOTUS Patent Scorecard Update After Oil States and SAS Institute Read more »
On Mar. 21, 2017, the Supreme Court issued SCA Hygiene Products v. First Quality Baby Products, LLC. SCA eliminates laches as a defense against damages where the patent infringement occurred within the 6-year period set forth in 35 U.S.C. § …
On Feb. 22, 2017, the Supreme Court issued Life Technologies Corp. v. Promega Corp. Briefly stated, Life Technologies limits patent infringement liability. In the past 12 years, the Supreme Court has issued 28 patent decisions. The tally: 17 decisions are …
On May 26, 2015, the Supreme Court deviated from its recent anti-patent bias. Commil USA, LLC v. Cisco Systems, Inc. is a mildly surprising, pro-patent decision that eliminates a defense to induced patent infringement. The Court specifically addressed whether a …
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The Supreme Court’s most recent patent decision, Teva v. Sandoz (Jan. 20, 2015), establishes a hybrid standard for reviewing a district court’s claim construction. The Court specifically held that evidentiary, i.e., factual, underpinnings to claim construction are reviewed for clear …
Patents and trade secrets can be alternative or complementary intellectual property (IP) assets. Each asset provides unique opportunities and unique obstacles. The decision to pursue patent protection, trade secret protection or both depends on a number of factors, not the least of …