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Consideration of Reasonable Defense Not Required at Time of Infringement to Avoid Finding of Willfulness

Consideration of Reasonable Defense Not Required at Time of Infringement to Avoid Finding of Willfulness

In Carnegie Mellon University v. Marvell Technology Group, LTD, the Federal Circuit declared that a district court should not have found Marvell’s infringement to be willful.  The district court had increased the jury determined damages by approximately 23% based on a finding of willful infringement.  The district court based its finding of willful infringement on […]

Federal Circuit Rules ITC Can Exclude Goods Based on Inducement to Infringe Method

Federal Circuit Rules ITC Can Exclude Goods Based on Inducement to Infringe Method

Federal Circuit Rules ITC Can Exclude Goods Based on Inducement to Infringe Method Suprema, Inc. v. Int’l Trade Comm., the Federal Circuit upheld an ITC exclusion order preventing Suprema from importing certain goods that could be used to infringe a patented method.  The patent at issue related to a method for processing fingerprint images.  The […]

Laws  added to WIPO Lex database

Laws added to WIPO Lex database

China The Advertisement Law of the People’s Republic of China was amended on April 24, 2015, since its adoption on October 27, 1994, and comes into force on September 1, 2015. It brings about significant changes to the regulatory regime for advertising activities in China. In particular, it prohibits the use of tobacco trademarks and […]

How to Identify An Invention, or A Utility Model or A Design Made by An Employee Under The Performance of His/Her Job Duties

How to Identify An Invention, or A Utility Model or A Design Made by An Employee Under The Performance of His/Her Job Duties

Company B hired Employee A for carrying out a research and development project. Company B alleged that the research achievements from the project should belong to the company because they offered the research facilities and environment.  The sale of the patent rights deriving from the research achievements to a third party made by Employee A […]

Federal Circuit Holds Third Party Performance of Method Steps Attributable to Single Actor

Federal Circuit Holds Third Party Performance of Method Steps Attributable to Single Actor

In Akamai Technologies, Inc. v. Limelight Networks, Inc., an en banc Federal Circuit unanimously overturned a decision that Limelight did not directly infringe Akamai’s patent covering a method for delivery of web content.  Limelight was found to perform all steps of the method, except a “tagging” step, which was performed by its customers.  The district […]

The Rules of Reinstatement Stipulated in Patent Act Are Not Applicable to the Period of Two Months for Requesting a Reexamination After the Decision of Rejection is Served

The Rules of Reinstatement Stipulated in Patent Act Are Not Applicable to the Period of Two Months for Requesting a Reexamination After the Decision of Rejection is Served

The Plaintiff (the applicant of the patent application at issue) received a decision of rejection on June 04, 2013 and requested the reexamination on August 29, 2013.  The request was dismissed by TIPO because the Plaintiff failed to comply with the statutory period of two months for requesting a reexamination, i.e. within two (2) months […]

Patent Prosecution Highway pilot programme between the European Patent Office and the Canadian Intellectual Property Office

Patent Prosecution Highway pilot programme between the European Patent Office and the Canadian Intellectual Property Office

The Patent Prosecution Highway enables an applicant whose claims have been determined to be patentable/allowable to have a corresponding application filed with a PPH partner office processed in an accelerated manner while at the same time allowing the offices involved to exploit available work results. Under the PPH pilot programme a PPH request can be based […]

Algeria Joins the Madrid Protocol

Algeria Joins the Madrid Protocol

Algeria has acceded to the Madrid Protocol for the International Registration of Marks, transforming the Madrid System into a One Treaty System. On July 31, 2015, the Government of the People’s Democratic Republic of Algeria deposited with the Director General of WIPO its instrument of accession to the Madrid Protocol Relating to the Madrid Agreement Concerning the International […]

New Expedited Pilot Program to Handle Appeals

New Expedited Pilot Program to Handle Appeals

New Expedited Pilot Program to Handle Appeals. The USPTO has announced a new pilot program to expedite appeals pending before the Patent Trial and Appeal Board (PTAB). The goal of the Expedited Patent Appeal Pilot is to reduce the backlog of pending appeals, while also allowing applicants to prioritize their pending appeals. Many technology centers […]

International Day of the World’s Indigenous Peoples

International Day of the World’s Indigenous Peoples

Every year, 9 August is commemorated as the International Day of the World’s Indigenous Peoples. The day is celebrated with special events around the world. Here is part of the message od WIPO Director General, Gury: In line with its strategic objective to promote the use of intellectual property for the well-being of all, WIPO’s […]

Users' opportunities in the evolving global patent system

Users’ opportunities in the evolving global patent system

9 October 2015 Chambre de Commerce et d’Industrie de région Rhône-Alpes (CCIR) 32, Quai Perrache, Lyon, France 09.30 – 16.30 hrs This year, the European Patent Office (EPO) and China’s State Intellectual Property Office (SIPO) are celebrating the 30th anniversary of their bilateral co‑operation. To mark this occasion, an international symposium is being organised in […]

The Federal Circuit Reverses Precedent on Functional Claiming Standard

The Federal Circuit Reverses Precedent on Functional Claiming Standard

The Federal Circuit Reverses Precedent on Functional Claiming Standard. In Williamson v. Citrix Online, LLC the Federal Circuit redefined functional claiming for US patent applications and issued patents. In Williamson, the Court reconsidered its prior holdings regarding when a claim recitation was to be construed as a means-plus-function limitation. A claim recitation that is construed […]

The Federal Circuit elaborated that Patent Eligibility is a Threshold Inquiry

The Federal Circuit elaborated that Patent Eligibility is a Threshold Inquiry

The Federal Circuit elaborated that Patent Eligibility is a Threshold Inquiry. In OIP v. Amazon the Federal Circuit upheld a District Court’s grant of a motion to dismiss because of patent invalidity. OIP alleged that Amazon was infringing its claimed computer implemented methods for optimizing the pricing of products for sale by gathering statistics, compiling […]

IPR SME Helpdesk for Latin America

IPR SME Helpdesk for Latin America

From 7 July, the Mercosur IPR Helpdesk has considerably expanded its services to include more than 18 Latin American countries, including Mexico, Colombia and Peru. This change is reflected in the Helpdesk’s new name, the Latin America IPR SME Helpdesk. Chile, Brazil, Argentina and the rest of the Mercosur countries will also be covered by […]

Supreme Court Rules Belief in Invalidity is Not a Defense to Induced Infringement

Supreme Court Rules Belief in Invalidity is Not a Defense to Induced Infringement

Supreme Court Rules Belief in Invalidity is Not a Defense to Induced Infringement. In Commil USA, LLC v. Cisco Systems, Inc., the U.S. Supreme Court held that a defendant may not assert a good-faith belief in a patent’s invalidity as a defense against liability for inducing infringement. Inducement requires not just knowledge of the patent-in-suit, […]