A patent lawsuit can be one of the harshest realities facing your innovative business. Whether enforcing or defending one, a patent lawsuit undoubtedly brings cost and uncertainty—two things all companies wish to avoid. For small and medium sized businesses, these lawsuits can be devastating. Fortunately, you can limit this cost and uncertainty by talking to an intellectual property attorney. Timing is everything when it comes to protecting your business and IP. Here are three examples of when it may make sense to do so:
Obtaining patent protection is the culmination of hard work and perseverance—from the engineers/inventors/R&D team who develop the invention to company leadership who make the financial investment to the attorneys who take the idea through the patent process. The result is an intangible asset that provides the patent owner with an advantage over the competition and one that should be jealously guarded.
New years resolutions are one of the world’s longest standing traditions. Throughout January, people will reflect on their personal and professional goals and ambitions to set forth on a new journey—often making a list of what they hope to accomplish. This year, we recommend adding one small piece to that list—protecting your ideas.
Verdict goes against medical device maker When the U.S. Supreme Court agreed that an appellate court’s infringement ruling should be reconsidered, it probably seemed like good news to the medical device maker that had been found liable in the initial ruling. Alas, the new ruling that followed reconsideration also went against the company. The Federal Circuit Court of Appeals found the position in the company’s defense “objectively unreasonable.”
Ideas that lead to groundbreaking innovations are remembered for eternity. However, the difference between protecting and losing those ideas sometimes come down to a single moment in time. For Alexander Graham Bell and Elisha Gray it was moment that shaped global communications forever.
Our litigation team is giving a free lecture next Friday, October 28 at Pericles, Practical Concerns Affecting Foreign Litigants in US Courts and How US Political Issues Affect the Court System. They will discuss concerns that affect foreign litigants in US courts, including (1) deciding where to litigate: federal or state court, and (2) ongoing changes in the law that affect the outcome of civil cases.
The jury giveth — and the court taketh away. In Romag Fasteners, Inc. v. Fossil, Inc., a trademark holder learned this lesson the hard way when the two courts rejected a jury award of almost $7 million against an infringer because the infringement wasn’t “willful.”
Design patents come with their own set of rules. Maybe that’s why they’ve increasingly become subject to attack by parties that fear they’ll be accused of infringement. A recent ruling by the U.S. Court of Appeals for the Federal Circuit in Sport Dimension, Inc. v. The Coleman Co. Inc. provides guidance about what to expect when a court considers the scope of design patent claims.
Ruling loosens standard for enhanced patent infringement damages The U.S. Supreme Court has released its long-awaited decision on the proper criteria for enhanced damages awards in patent infringement cases. The unanimous ruling should make it easier for patent holders to recover such damages — and give some would-be infringers pause for thought.