Federal Circuit holds that party seeking declaratory judgment of non-infringement bears the burden to prove non-infringement *

USA - September 20 2012
The U.S. Court of Appeals for the Federal Circuit vacated and remanded a Delaware court's finding that Medtronic Inc. did not infringe Boston Scientific patents relating to cardiac rhythm therapy (CRT) devices known as implantable cardioverter defribrillators (ICDs).

Co-authors: Andrew S. Dallmann, Ali Shalchi, Gregory S. Cordrey , Stanley M. Gibson.

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ESPN loses affirmative defenses and invalidity counterclaim on motion to dismiss but court recognizes unfairness in allowing "bare-bones" infringement complaint while prohibiting defendants from pleading affirmative defenses with brevity *

USA - September 19 2012
PageMelding filed a patent infringement action against ESPN asserting a patent that enables internet service and content providers to form mutually beneficial collaborations where website content is customized in accordance with those collaborations.

Co-authors: Andrew S. Dallmann, Ali Shalchi, Gregory S. Cordrey , Stanley M. Gibson.

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Will Mayo v. Prometheus be the basis for the invalidation of broad patent claims and the renegotiation of royalties? Implications for Myriad gene case *

USA - March 22 2012
In Mayo v. Prometheus, the U.S. Supreme Court held that claims directed to a diagnostic method were unpatentable, not simply because the subject matter of the claims was not novel or obvious, but rather because the subject matter covered by the claims was the mere application of the laws of nature - the discovery of facts of nature - and therefore not patentable on a more fundamental basis under Section 101 of the Patent Act.

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The Patent Reform Act of 2011 represents the first major overhaul of patent law since 1952 *

USA - March 2 2012
After passing Congress with bipartisan support, the Leahy-Smith America Invents Act, also known as the Patent Reform Act, was signed by President Barack Obama on September 16, 2011.

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Supreme Court ruling maintains tight invalidity standards in i4i L.P. patent infringement case - what this means for you *

USA - June 21 2011
Earlier this month, the U.S. Supreme Court issued a decision in Microsoft Corp. v. i4i L.P., 589 F.3d 1246 (Fed. Cir. 2009), upholding a Federal Circuit Court of Appeals decision affirming an award of close to $300 million in damages to software developer i4i for willful patent infringement.

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