Patent Law

Subscribe to Patent Law via RSS

By Audrey Millemann

        The Supreme Court has expanded the rights of licensees to challenge the validity of the patents being licensed and the terms of their licenses. In MedImmune, Inc. v. Genentech, Inc., 127 S.Ct. 764 (January 9, 2007), the Court addressed the question of whether a licensee of a patent was required to terminate or breach the license in order to obtain a declaratory of judgment of invalidity, unenforceability, or noninfringement. Continue Reading Supreme Court: Licensees Can Sue for Invalidity

By Audrey Millemann

The Court of Appeals for the Federal Circuit has resolved a conflict in its precedents regarding the inducement of patent infringement, and, as a result, made the plaintiff’s burden heavier. In DSU Medical Corporation v. JMS Company, 471 F.3d 1293 (Fed. Cir. December 13, 2006), the court resolved the differences between its prior interpretations of 35 U.S.C. § 271(b) as set forth in Hewlett-Packard Co. v. Bausch & Lomb, Inc., 909 F.2d 1464 (Fed. Cir. 1990) and Manville Sales Corp. v. Paramount Systems, Inc., 917 F.2d 544 (Fed. Cir. 1990). Continue Reading Inducing Patent Infringement Becomes More Difficult to Prove

By Scott Cameron

Rambus, Inc., applied for, and later received, several patents from the United States Patent and Trademark Office related to computer memory chips. A patent is generally thought of as conferring the patent holder with a legal monopoly over the patented subject. The patent holder owns the subject to the exclusion of all others. So how is it that, in a unanimous decision, the Federal Trade Commission recently found that the monopoly achieved by Rambus’ patent violated federal antitrust laws?

Continue Reading Rambus Inc.: FTC Finds That Valid Patent Acquisition Can Amount To A Violation Of Antitrust Laws.

By Audrey A. Millemann

            A business’s intellectual property may be its most valuable asset. Whether it is biotechnology, trade names, business methods, or computer software, intellectual property should be protected to the greatest extent possible in order to maximize the value of the business. This article summarizes the types of intellectual property protection that are available.

Continue Reading HOW TO PROTECT YOUR CLIENTS’ IP