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Back from the Dead: Post-Alice Case-law Revives Software Patent Outlook

Posted on May 2, 2016 in Blog

When the Supreme Court issued its opinion in Alice Corp. v. CLS Bank Int’l, 134 S.CT. 2347 (2014)  that rejected patentability for algorithms, many considered this a death knell for software patents even though the ruling never once used the term “software”. Since Alice it has become nearly standard practice for courts to entertain early motions to dismiss software patent-based complaints for invalidity under 35 U.S.C. 101.

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Top 5 Considerations for Patent Owners Seeking to Assert Patents Against Infringers

Posted on Apr 8, 2016 in Blog

What do you do when someone is infringing your patent? They say imitation is the highest form of flattery, but flattery will get you nowhere when you are attempting to protect your hard-earned intellectual property rights.

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A “Buck Rogers” Partially Completed Screenplay Adaptation Is Not Sufficient Basis for a Declaratory Judgment Action

Posted on Mar 28, 2016 in Blog

In an interesting case decided in the US District Court for the Western District of Pennsylvania, the court found that a producer, who had begun a screenplay adaptation for a movie based upon the character “Buck Rogers”, and who had been threatened with a copyright infringement suit, did not have a sufficient basis to sustain a declaratory judgment action.

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The Court of Appeals for the Federal Circuit Finds Specific Jurisdiction in ANDA Patent Cases

Posted on Mar 21, 2016 in Blog

On March 18, 2016, the Court of Appeals for the Federal Circuit ruled for the first time that an ANDA filer can basically be sued anywhere unless it is unfair, widening broadly jurisdiction in ANDA cases. Mylan Inc. was sued twice in Delaware based on two ANDA filings and argued the Delaware court did not have specific or general jurisdiction over it.

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Federal Circuit Rules Regarding Exhaustion of U.S. Patent Rights

Posted on Feb 15, 2016 in Blog

In Lexmark Int’l, Inc. v. Impression Prods., Inc., No. 14-1617 (Fed. Cir. 2016), the Federal Circuit issued an important opinion regarding patent exhaustion (the termination of a patent owner’s ability to claim infringement damages following the first authorized sale of a patented product).

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Delaware Jury Awards $37.5 Million In Damages For Infringement Of Medical Device Patent

Posted on Jan 27, 2016 in Blog

On January 26, 2016, a District of Delaware jury awarded Greatbatch Ltd. $37.5 Million in damages in the Greatbatch Ltd. v. AVX Corporation and AVX Filters Corporation (collectively “AVX”) patent litigation.

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Disparaging Trademarks May Now Be Registered

Posted on Dec 22, 2015 in Blog

In the case of In re Simon Shiao Tam (Case No. 14-1203), the United States Court of Appeals for the Federal Circuit, the court that has jurisdiction over the United States Patent and Trademark Office, struck down the provision of Section 2A of the Lanham Act which prevents registering offensive trademarks. Yes, the same provision of the Lanham Act which was used to hold invalid the Washington Redskins mark has been held to be unconstitutional.

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CR Spreads Holiday Cheer

Posted on Dec 22, 2015 in Blog

Caesar Rivise employees headed to the Support Center for Child Advocates’ toy drive headquarters on December 18th to lend a helping hand. Employee volunteers sorted, bagged, and tagged donated toys destined for local families.

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Caesar Rivise Works With European Patent Counsel to Achieve Positive Outcomes in European Patent Oppositions

Posted on Nov 30, 2015 in Blog

Caesar Rivise attorney David Gornish recently attended two different patent opposition hearings before the European Patent Office (EPO) in Munich and The Hague, respectively. David worked closely with European patent attorneys to achieve positive outcomes in both cases for the patent owner, a worldwide developer and manufacturer of pharmaceutical packaging products.

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U.S. Supreme Court Affirms Rule Precluding Post-Expiration Patent Royalty Payments

Posted on Jun 29, 2015 in Blog

In 1991, Kimble patented a toy glove that enabled a user to shoot a pressurized string from it. Kimble attempted to sell or license the patent to Marvel Entertainment for Marvel’s Spider-Man character. Marvel declined. However, Marvel started to sell a toy which Kimble alleged infringed the patent, so Kimble brought suit for infringement of its patent.

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