The IP Law Blog Focusing on legal trends in data security, cloud computing, data privacy, and anything E

Tag Archives: Technology

More Patent Invalidated as Abstract Ideas

Posted in Patent Law

Apple just escaped a $533 million jury verdict by invalidating the plaintiff’s patents on the grounds that the patents cover abstract ideas. The case is Smartflash, LLC v. Apple Inc., decided by the Federal Circuit Court of Appeals on March 1, 2017.  Smartflash owned three patents for technology that limited Internet access to data (video,… Continue Reading

Is the Technology for Self-Driving Cars Patent-Eligible?

Posted in Patent Law

It sounds like a silly question, doesn’t it?  After all, self-driving cars represent innovative progress in technology, and patents are intended “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”  U.S. Constitution, Article I, Section 8, Clause… 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

Patent Infringement: Attorneys’ Fees A Little Easier to Get

Posted in Patent Law

By Audrey A. Millemann               The Federal Circuit has loosened the standard for recovering attorneys’ fees in patent infringement cases, making it easier for winning defendants to obtain their fees from plaintiffs.              The case is Kilopass Technology, Inc. v. Sidense Corp. (Fed. Cir. Dec. 26, 2013), 2013 U.S. App. LEXIS 25671. Kilopass and Sidense… Continue Reading