By Kristin Holmes The Supreme Court recently clarified the post-AIA meaning of “on sale” in Helsinn Healthcare S.A. v. Teva Pharmaceutical USA, No. 17-1229, 2019 WL 271945 (Jan. 22, 2019). The issue in this case is whether the sale of a patentable product to a third party, who is contractually obligated to keep the invention […]
In a major new development, the International Association for the Protection of Intellectual Property (AIPPI) has adopted a resolution favoring patent-eligibility of computer software inventions, also known as “computer implemented inventions” or “CII.” I. Background of widespread confusion about software or CII patents The patent systems of the world are in a state of confusion […]
“Deep in the Heart of Texas” was a hit song in 1942. Half a century later, in 1992, patent litigants penetrated deep into the heart of Texas—all the way to Marshall. It took another quarter-century for the U.S. Supreme Court to plunge a knife into the swelling heart, the pulsating East Texas patent docket, in […]
Why do patent defendants say such bad things about the U.S. District Court for the Eastern District of Texas? I asked this question of Michael C. Smith, the noted lawyer and blogger from Marshall, Texas. To prime the pump, I noted Texas Monthly calls his hometown “the intellectual property equivalent of a speed trap, a […]
There is an international crisis in software patents. The critical, unanswered question is this: When are software inventions eligible for patent? Billions in corporate assets are
In the last inning of the Apple-Samsung game of smartphone hardball, Samsung slid into home. Apple failed to make the tag. “Samsung is safe!” cried the umpires. The inning was umpired by the U.S. Court of Appeals for the Federal Circuit, which held Apple’s slide-to-unlock U.S. Patent 8,046,721 invalid. See Apple v. Samsung (Fed. Cir. Feb. 26, 2016).
The Supreme Court has granted Samsung’s appeal of a $500 million dollar judgment rendered on the latter’s infringement of Apple’s smartphone (iPhone) design patent. If your company owns patents, you may wonder: What effect will Apple-Samsung have on your patent program? More practically, how can you and your company make money on your patents starting now, in the “incubation period” of […]
Amidst the raging debate over succession for Justice Antonin Scalia (1936-2016), I ask for one minute of silence. Not from the press, the Executive Office, or the campaign trail, but from the Bench. One minute of silence from the Bench. For each side in