My thoughts about various patent topics.
ONE MINUTE READ In an en banc ruling in 2005 in Phillips v AWH, the Federal Circuit sought to clarify the complex body of case law that had developed following Markman by adopting a holistic approach to claim construction. The court gave particular emphasis to the patentee’s description of the…
The Federal Circuit recently recognised a controversial defence to allegations of inducing infringement. In June 2013, the court announced for the first time that defendants could counter the specific intent to induce infringement of a patent by demonstrating their good faith belief that the patent is invalid. This decision in…
Law360, New York (January 16, 2014, 12:48 AM ET) — Patent litigations typically dredge up terabytes of data through discovery. Patent cases having nothing to do with privacy will inherently bump up against a patchwork of state, federal and international laws governing the handling of personal data. These laws occasionally…