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Yearly Archives: 2015

U.S. Supreme Court Rules Good-Faith Belief in Patent Invalidity is Not a Defense to Induced Infringement

Posted on May 27, 2015 in Blog

On May 26, 2015, the Supreme Court of the United States, in Commil USA, LLC v CISCO Systems, Inc. in a 6-2 split decision, held that an alleged infringer’s good-faith belief that the patent-in-suit is invalid is not a defense to a claim of induced patent infringement. Justice Kennedy wrote the majority opinion. Justice Scalia and Chief Justice Roberts dissented. Justice Breyer did not take part in the decision.

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The Washington Redskins Might Be Getting Trademark Help

Posted on May 27, 2015 in Articles

And so continues the latest controversy over the name of a professional sports team. Last year, the U.S. Patent and Trademark Office (PTO) canceled the Washington Redskins’ trademark registration, citing the federal trademark statute that prohibits the registration of trademarks that are disparaging.

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Ashery Quoted re the Impact of Eon v. AT&T Mobility Case on Patent Drafting

Posted on May 11, 2015 in News

The Federal Circuit recently found a software patent to be invalid because of lack of disclosure of several computer algorithms (Eon v. AT&T Mobility). Larry Ashery, a partner with Caesar Rivise, was quoted in an article published by Law360 (on May 8, 2015) discussing the case.

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Google Wants to Purchase Your Patents

Posted on May 5, 2015 in Blog

If you own a U.S. patent and would consider selling it, Google has instituted an experimental “Patent Purchase Promotion” from May 8 – May 22, 2015. During this “open period”, patentees can submit a Patent Order Submission Form for each patent (one per patent), which allows the patentee to describe his/her patent , along with the offer price to sell it to Google.

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CR at the PA BIO Spring Social in KoP

Posted on May 5, 2015 in Events

Caesar Rivise attorneys Joe Murphy and Eric Marzluf will be hosting a booth at the PA BIO Spring Social on May 7, 2015 from 5-7:30 pm at the Crowne Plaza Valley Forge in King of Prussia, PA. Please stop by our booth if you will be attending.

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HBO’s John Oliver on Abuse of the U.S. Patent System and How You Can Use the Patent Application Alert Service to Do Something About It

Posted on Apr 24, 2015 in Blog

The April 19, 2015 episode of HBO’s Last Week Tonight featured a critique of the U.S. patent system by host John Oliver. After emphasizing the importance of patents to the funding of companies as evidenced by everyone’s favorite investors, the “sharks” of ABC’s Shark Tank, Oliver proceeded to provide an entertaining, albeit simplistic, overview of the economic harm caused by overly broad and vague patents asserted by non-practicing entities, which are more commonly known as “patent trolls”.

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The Debate Over Fee-Shifting in Patent Infringement Litigation

Posted on Apr 22, 2015 in Articles

The Innovation Act is a bill currently before Congress to revamp several statutes relating to patent litigation. Earlier this month, over 150 university presidents received a letter from the Consumer Electronics Association urging those presidents to support the Innovation Act. At issue is a controversial proposal to provide for fee-shifting in patent infringement litigation.

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Supreme Court Finds Trademark Trial and Appeal Board Decision Can Have Preclusive Effect in Litigation

Posted on Mar 25, 2015 in Blog

The Supreme Court on March 24, 2015 decided that rulings of the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office as to likelihood of confusion are binding on District Courts.

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Patent Office Disbands Warning System; Defenses Still in Place

Posted on Mar 25, 2015 in Articles

Earlier this month, the U.S. Patent and Trademark Office canceled an internal program that had been designed to flag patent applications of questionable subject matter. The Sensitive Application Warning System (SAWS) had existed for many years as a way for the patent office to try to prevent the issuance of patents that were “controversial and noteworthy.” Although the program no longer exists, there are still mechanisms in place to prevent such patents from issuing.

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Caesar Rivise Obtains Federal Circuit Affirmance of a Denial of a Motion for Preliminary Injunction

Posted on Mar 13, 2015 in News

On March 12, 2015, the United States Court of Appeals for the Federal Circuit ruled in favor of Caesar Rivise clients Camber Pharmaceuticals, Inc. and InvaGen Pharmaceuticals, Inc. in a case filed by Roxane Laboratories, Inc. alleging infringement of its patent covering calcium acetate capsules and their use in the treatment of hyperphosphatemia in patients with chronic kidney disease.

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