Patent trolls continue to be an issue. Patterson Thuente’s litigation team has defended one of the world’s largest computer security vendors, Kaspersky Lab, against multiple patent infringement claims brought by some of the most well-known patent trolls in the industry. In all instances, the trolls have gained nothing from our client and in some cases, have walked away on the eve of trial. Our latest victory for Kaspersky…
Some product features are ornamental and others are functional. One manufacturer recently learned that the hard way when the Seventh Circuit Court of Appeals found that its bag’s design and shape were functional — and therefore not protected as trade dress.
Just how much patent infringement does it take to be liable for damages? The U.S. Supreme Court recently tackled this question in one context, ruling that supplying only one component of an infringing multicomponent invention made abroad doesn’t make the supplier liable for patent infringement. With that, the Court established a bright-line test for some circumstances, but created significant uncertainty for others.
Three years ago, the U.S. Supreme Court ruled that “laches” — a plaintiff’s unreasonable delay in pursuing an infringement claim — couldn’t preempt a claim for damages sustained within the Copyright Act’s statute of limitations. Now the Court has extended its reasoning to patents, eliminating the laches defense for infringement allegedly committed within the Patent Act’s six-year statute of limitations.
Vocabulary matters in the courts, as one company found out recently. According to the Ninth Circuit Court of Appeals, the term “volitional conduct” has nothing to do with voluntary actions when it comes to direct copyright infringement. The court explained the meaning in a case where it also denied a copyright holder’s secondary liability claims for infringement.
Patterson Thuente IP is pleased to announce that four lawyers have been named to the 2018 Edition of The Best Lawyers in America. Congratulations to the following attorneys: Eric H. Chadwick, Litigation – Patent James H. Patterson, Copyright Law, Litigation – Intellectual Property, Patent Law Brad D. Pedersen, Litigation – Intellectual Property, Litigation – Patent, Patent Law Bradley Thorson, Patent Law
Jay Erstling recently spoke on the evolving world of IP law at Dennemeyer’s Forum on The Future of IP Law & Technology in eight US cities. Here, he share some of his thoughts on the subject, as well as what was learned during the forum Q&A discussions.