Sketchbook

May 8th, 2017Star Athletica v. Varsity BrandsIn a decision that included some spirited inter-Justice banter (see what I did there?), the Supreme Court upheld the 6th…Read More

February 21st, 2017Disney et al v. VidAngelUPDATED Disney et al v. VidAngel, currently before the Central District Court of California, is a case to watch.  VidAngel…Read More

January 17th, 2017Is combining prior art references intuitive? Another reminder from the Federal Circuit regarding the PTO’s burden in supporting obviousness rejectionsIn a recent decision, the Federal Circuit has reminded the Patent Trial and Appeal Board (PTAB) that when rejecting claims…Read More

December 27th, 2016Recent Strengthening of Motivation to CombineUnder patent law, two of the most well-known and critical standards to obtaining a patent are novelty and non-obviousness. Obviousness…Read More

October 10th, 2016Divided InfringementDivided Infringment by Brad Barger from Workman Nydegger Patents provide companies and inventors with an important asset that can be used…Read More

September 12th, 2016The ‘Wayback Machine’ in Patent Prosecution and Litigation"The Wayback Machine (WBM), provided by archive.org, periodically “crawls" selected websites and archives their contents.  This post provides an overview of…Read More

September 7th, 2016Rapid Litigation Management v. CellzdirectRapid Litigation Management - Workman Nydegger from Workman Nydegger Recently, the Federal Circuit held that a method for preparing hepatocytes…Read More

September 7th, 2016Enhanced Damages for Patent Infringement: Halo v. PulseEnhanced Damages for Patent Infringement - Workman Nydegger from Workman Nydegger Enhanced damages in patent infringement suits in recent years…Read More

August 9th, 2016Congress Adds an Arrow to the Quiver – the Defend Trade Secrets ActOn May 11, 2016, President Obama signed the Defend Trade Secrets Act (“DTSA”) into law.  18 U.S.C. § 1836.  In…Read More

July 28th, 2016BASCOM Global Internet Services, Inc. v. AT&T Mobility LLC, AT&T Corp. (decided June 27, 2016)See decision here. BASCOM sued AT&T for infringement of BASCOM’s U.S. Patent No. 5,987,606. The case was dismissed by the…Read More

April 4th, 2016Lexmark v. Impression Products: En Banc Federal Circuit Reconfirms Pro-Patentee Limitations on Doctrine of Patent ExhaustionOn February 12, 2016, the en banc Federal Circuit issued its decision in Lexmark Int’l, Inc. v. Impression Products, Inc.,…Read More

September 28th, 2015En Banc Federal Circuit Holds That Laches Will Still Limit Pre-Complaint Damages In Patent Cases And May Now Even Limit Permanent Injunctive ReliefOn September 18, 2015, the Federal Circuit issued its en banc decision in SCA Hygiene Products Aktiebolag v. First Quality…Read More

August 28th, 2015Federal Circuit Issues En Banc Decision Expanding Liability For Direct Infringement in “Divided Infringement” CasesIn the latest chapter in an ongoing saga, the Federal Circuit issued an en banc opinion on August 13, 2015…Read More

June 5th, 2015Commil v. Cisco: Belief That A Patent Is Invalid Is Not A Defense To InducementOn May 26, 2015, the Supreme Court issued its decision in Commil USA, LLC v. Cisco Systems, Inc. At issue…Read More

June 30th, 2014Supreme Court Rules That Aereo’s Real-Time Streaming of Over-the-Air Television Constitutes a Public Performance of Copyrighted WorksOn June 25, 2014, the U.S. Supreme Court issued its decision in American Broadcasting Companies v. Aereo, Inc.  The Court…Read More