Intellectual Property, Fitzpatrick, Cella, Harper & Scinto updates

USA

Contributed by Fitzpatrick, Cella, Harper & Scinto
Supreme Court rejects Federal Circuit's basis for finding infringement liability for exporters
  • USA
  • March 13 2017

The Supreme Court recently reversed the Federal Circuit's interpretation of an infringement liability statute in litigation over whether shipping a single component of a patented multi-component invention to be assembled overseas qualifies as infringement under 35 USC Section 271(f)(1). In doing so, the Supreme Court clarified that Section 271(f)(1) does not cover the supply of a single component of a multi-component invention.

Supreme Court hears oral argument in Lee v Tam
  • USA
  • February 06 2017

The US Supreme Court recently heard oral argument in Lee v Tam. The decision in this case will address whether Section 2(a) of the Lanham Act, which permits the US Patent and Trademark Office to refuse to register 'disparaging' trademarks, is constitutional under the First Amendment. It is difficult to tell from the oral argument how the Supreme Court will decide this case.

Federal Circuit dismisses appeal by inter partes review petitioner
  • USA
  • January 16 2017

In a recent case, petitioner Phigenix challenged the validity of a patent which related to antibody-maytansinoid conjugates for the treatment of cancer. The Federal Circuit dismissed Phigenix's appeal for lack of standing under Article III of the Constitution. In dismissing the appeal, the Federal Circuit, among other things, reiterated the minimum requirements for Article III standing.

Supreme Court hears oral argument on infringement liability for US exporters
  • USA
  • January 09 2017

The Supreme Court recently heard oral argument on the interpretation and application of a statutory provision which imposes infringement liability on US manufacturers that supply components of patented inventions for use abroad. At issue is whether the export from the United States of a single component of a patented multi-component invention, which is later assembled outside the United States, qualifies as an infringing act.

Supreme Court rejects Federal Circuit's basis for affirming $399 million damages in Apple v Samsung
  • USA
  • December 19 2016

In a recent decision, the Supreme Court rejected the Federal Circuit's interpretation of a damages statute in litigation between Apple and Samsung over Apple's smartphone design patents. The court disagreed with the Federal Circuit over the term 'articles of manufacture' and overturned its decision, therefore raising the possibility that Apple's $399 million in damages could be reduced significantly.


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