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Tag Archives: patent infringement

One Is Not Enough for Patent Infringement Under 35 U.S.C. §271(f)(1)

Posted in Patent Law

In Life Technologies v. Promega Corporation, the U.S. Supreme Court addressed whether supplying a single component from the United States of a multicomponent invention assembled abroad constitutes patent infringement under 35 U.S.C. §271(f)(1).    Under §271(f)(1), a party can be liable for patent infringement if it supplies from the United States “all or a substantial portion… Continue Reading

Law Firm Survives Disqualification Motion in Florida Patent Infringement Lawsuit

Posted in Patent Law

In Lanard Toys Limited v. Toys “R” Us, Inc. et al, 3-15-cv-00849 (FLMD December 16, 2016, Order) (Barksdale, MJ), a patent infringement matter in Florida District Court, the court denied defendants’ motion to disqualify plaintiff’s new counsel for simultaneously representing defendant in an unrelated case.  Four months after lawyers with Gordon & Rees Scully Mansukhani… Continue Reading

Pre-Issuance Damages for Patent Infringement – A Very Rare Remedy

Posted in Patent Law

The Federal Circuit Court of Appeals recently addressed an issue of first impression: what is the “actual notice” required under 35 U.S.C. §154(d) for a patent owner to recover damages for a defendant’s infringing conduct that occurred before the patent issued? Most people assume that a plaintiff cannot recover damages for patent infringement for infringing… Continue Reading

Congress is Reconsidering “Anti Troll” Legislation

Posted in Patent Law

On February 5, 2015, Congressman Bob Goodlatte reintroduced the “Innovation Act”; a bill designed to implement several changes to the legal framework governing United States patent law. The law is designed to make it more difficult for non-practicing entities (also known as “patent trolls”) to maintain patent infringement lawsuits. The law appears to have significant… Continue Reading

Business Method Patents: Murkier Water

Posted in Patent Law

The long-awaited decision by the United States Supreme Court on business method patents was issued on June 19, 2014.  Unfortunately, the decision raised more questions than it answered.  The expectation was that the Supreme Court would clearly explain the difference between unpatentable abstract ideas and patentable software, including business methods.  Instead, the Court issued a… Continue Reading

Patent Myths Corrected – Part Two

Posted in Patent Law

Last week’s column was the first of two columns discussing some of the most common misconceptions or myths about patents.  Here is the second part, starting with number five on my list. 5.            A Patent Does Not Give the Patent Owner the Right to Practice the Invention. Inventors and patent owners often assume that a patent… Continue Reading