Category Archives: Developing Law

Recent Supreme Court Decisions of Note

Posted on April 29, 2015 by Steven Callahan

Here are four relatively recent Supreme Court decisions of note to federal court and IP practitioners: American Broadcasting Cos. v. Aereo: the Supreme Court held that Aereo infringes copyright owners’ exclusive right “to perform the copyrighted work publicly” by “by … Continue reading →

Posted in Developing Law | Comments Off on Recent Supreme Court Decisions of Note

Supreme Court Issues Trademark Tacking Decision in Hana

Posted on February 10, 2015 by Steven Callahan

In Hana Financial v. Hana Bank (decision available here), the Supreme Court took up the issue of whether trademark “tacking” is for the judge or the jury to decide. The Supreme Court found that it was for the jury, not … Continue reading →

Posted in Developing Law | Comments Off on Supreme Court Issues Trademark Tacking Decision in Hana

Federal Circuit Issues Important Decision Regarding Inter Partes Review Proceedings

Posted on February 10, 2015 by Steven Callahan

In In re Cuozzo Speed Technologies, LLC (available here), the Federal Circuit found: (i) it lacked jurisdiction to review the PTAB’s decision to institute an IPR (in light of 35 U.S.C. § 314(d)); and (ii) the PTAB appropriately applied the … Continue reading →

Posted in Developing Law | Comments Off on Federal Circuit Issues Important Decision Regarding Inter Partes Review Proceedings

Supreme Court Reverses Federal Circuit With Respect to Deference Owed To District Court Claim Construction Opinions

Posted on January 20, 2015 by Steven Callahan

Today, in Teva v. Sandoz (opinion available here), the Supreme Court reversed the Federal Circuit’s longstanding rule that all claim construction issues, including the District Court’s determination of subsidiary facts, are reviewed de novo on appeal. The Supreme Court held: … Continue reading →

Posted in Developing Law | Comments Off on Supreme Court Reverses Federal Circuit With Respect to Deference Owed To District Court Claim Construction Opinions

Are Magistrate Judges’ Orders on Claim Construction Reviewed De Novo By the District Court Judge?

Posted on June 13, 2014 by Steven Callahan

I came across Judge Schneider’s decision in the East Texas Adaptix cases a couple of days ago (decision available here). The decision is notable for, among other things, the following analysis regarding what standard is applied when a district court … Continue reading →

Posted in Developing Law | Comments Off on Are Magistrate Judges’ Orders on Claim Construction Reviewed De Novo By the District Court Judge?

Supreme Court Reverses Federal Circuit’s Inducement Ruling in Akamai

Posted on June 13, 2014 by Steven Callahan

On June 2, 2014, the Supreme Court issued its unanimous opinion in Limelight Networks v. Akamai (available here). The Supreme Court held that a defendant cannot be held liable for inducing infringement of a patent under 35 U. S. C. … Continue reading →

Posted in Developing Law, Federal Circuit Court of Appeals | Comments Off on Supreme Court Reverses Federal Circuit’s Inducement Ruling in Akamai

Supreme Court Reverses Federal Circuit Indefinite Standard in Nautilus

Posted on June 13, 2014 by Steven Callahan

On June 2, 2014, the Supreme Court issued its opinion in Nautilus v. Biosig Instruments (available here). The Supreme Court unanimously reversed the Federal Circuit’s standard for determining whether a patent was indefinite under 35 U. S. C. §112, ¶ … Continue reading →

Posted in Developing Law, Federal Circuit Court of Appeals | Comments Off on Supreme Court Reverses Federal Circuit Indefinite Standard in Nautilus

Supreme Court Finds Laches Cannot Be Applied To Bar Relief On Copyright Claim Brought Within Three Year Limitations Period

Posted on June 13, 2014 by Steven Callahan

On May 19, 2014, the Supreme Court ruled in Petrella v. Metro-Goldwyn-Mayer (decision available here) that the equitable defense of laches (unreasonable, prejudicial delay in commencing suit) may not bar relief on a copyright infringement claim brought within § 507(b)’s three-year … Continue reading →

Posted in Developing Law | Comments Off on Supreme Court Finds Laches Cannot Be Applied To Bar Relief On Copyright Claim Brought Within Three Year Limitations Period

Supreme Court Unanimously Reverses Federal Circuit in Highmark v. Allcare

Posted on April 30, 2014 by Steven Callahan

Yesterday was not a good day for the Federal Circuit at the Supreme Court. The Supreme Court, in addition to unanimously reversing the Federal Circuit in Octane v. Icon (see post here), also unanimously reversed the Federal Circuit in Highmark … Continue reading →

Posted in Attorney's Fees, Developing Law, Judge Means | Comments Off on Supreme Court Unanimously Reverses Federal Circuit in Highmark v. Allcare

Supreme Court Unanimously Reverses Federal Circuit In Octane v. Icon Concerning Attorney Fees For Prevailing Parties In Patent Infringement Cases

Posted on April 30, 2014 by Steven Callahan

On April 29, 2014, the Supreme Court issued its unanimous decision in Octane v. Icon (opinion available here).  The Supreme Court ruled that the Federal Circuit had been misapplying Section 285 of the Patent Act which states, “[t]he court in … Continue reading →

Posted in Attorney's Fees, Developing Law | Comments Off on Supreme Court Unanimously Reverses Federal Circuit In Octane v. Icon Concerning Attorney Fees For Prevailing Parties In Patent Infringement Cases