Nuggets in the ashes: a few guideposts unearthed from CLS Bank v. Alice Corporation *

USA - May 16 2013
The Federal Circuit released the results of its en banc hearing of a case involving the issue of what is patentable eligible subject matter under…

Co-authors: Richard D. Rochford, Michael M. Shen.

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Valuable IP lessons from the $8.1 million Mixed Chicks trademark and trade dress victory *

USA - January 24 2013
On November 2, 2012, a California jury returned an $8.1 million verdict in favor of Mixed Chicks, LLC against Sally Beauty Supply LLC. The jury found…

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CLS Bank and Bancorp: back to back Federal Circuit decisions offer different conclusions on patentability *

USA - August 2 2012
The issue of whether particular inventions include "patent eligible" subject matter under § 101 of the patent statute has become highly controversial in recent years, raising questions with high economic stakes and profound legal and philosophical implications.

Co-authors: Phillip B. Philbin, David Harper.

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Intervening rights and invalidity-argument estoppel in litigation after patent reexamination *

USA - October 19 2011
The Federal Circuit recently resolved two issues of first impression as to how patent reexamination proceedings affect related patent infringement litigation

Co-authors: David M. O'Dell, Don Tiller.

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The status quo wins: clear and convincing proof is still required to invalidate patent claims *

USA - June 13 2011
The Supreme Court ruled last week in Microsoft Corporation v. i4i Limited Partnership that “clear and convincing evidence” is still the standard of proof required to invalidate a patent.

Co-authors: Phillip B. Philbin, Kyle Musgrove, Steve Levitan, David Harper.

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