The Federal Circuit recently handed down two decisions that give guidance to patent owners contemplating patent litigation in the post-Alice world. The first was Berkheimer v. HP Inc. which was decided on February 8, 2018. Berkheimer was an appeal from the Northern District of Illinois court granting summary judgment in favor of the accused infringer, in part, that claims were patent-ineligible under...
Continue ReadingIn its September 24, 2018 opinion in Intellectual Ventures v. Sprint, et. al., the Eastern District of Texas Court made several rulings that touch on a number of issues that patent owners and parties defending patent infringement allegations should consider. This opinion was the result of two identical Section 101 Motions to Dismiss filed in two companion cases involving...
Continue ReadingEarlier this year, the Supreme Court addressed the on-sale provision of the AIA, 35 U.S.C. Sec 102(a), in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. In this case, the patent owner, Helsinn, entered into a license agreement and a supply and purchase agreement with a third party. These agreements gave the third party the right to distribute, promote, market,...
Continue ReadingThe Federal Circuit recently affirmed the dismissal of the patent owner’s lawsuit brought for patent infringement under the doctrine of equivalents in Amgen Inc. v. Coherus Biosciences Inc., 2018-1993 (Fed. Cir. July 29, 2019). The case illustrates one of the potential difficulties a patent owner may encounter under the doctrine of equivalents. Prosecution history estoppel is a defense to...
Continue ReadingIf you have an idea that requires a patent, you should consider consulting with a patent lawyer. There are many things a patent lawyer can do, such as advise you on the process for obtaining your patent and help you protect it against infringement. What Is a Patent? Patents can be used to protect any number of ideas and...
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