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Alice in patentland II can a look across the pond help?
- Burns & Levinson LLP
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- USA
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- May 20 2013
On May 10, 2013, the Federal Circuit (CAFC) issued their en-banc opinion(s) on CLS Bank Int'l v. Alice Corp. Alice, an Australian corporation, had
If at first you don’t succeed, try again: Lexmark and refilling cartridges
- Burns & Levinson LLP
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- USA
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- October 27 2010
Consumables have large profit margins, which gives rise to the old adage "give away the razor to sell razor blades."
The prior art expansion under the AIA
- Burns & Levinson LLP
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- USA
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- September 18 2012
The patent reform introduced by the America Invents Act constitutes the most radical set of changes in the US patent law since probably the first US patent code
Disposable cameras side with Omega watches: the film empire strikes back
- Burns & Levinson LLP
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- USA
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- November 2 2010
Following the Intel amicus brief in Costco v. Omega, Fujifilm, Seiko Epson and Epson filed an amicus brief in support of the respondent’s (Omega’s) position that the first sale doctrine, which ends the rights of the copyright owner after a sale, does not apply to items made and sold outside the United States
Patent reform: Wellman Inc. v. Eastman Chemical Co., poster child for keeping the best mode requirement
- Burns & Levinson LLP
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- USA
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- June 16 2011
The US is unique in that the basis for its patent laws stems from the Constitution, the mandate to “promote the Progress useful Arts,” in Art. I, 8, cl. 8
Some old cases we should revisit: Weber, Haas, Harnisch and restrictions
- Burns & Levinson LLP
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- USA
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- February 1 2013
Typically at the beginning of a new year we go out with the old and in with the new. But, at the beginning of this year, I am taking a look at some
Stanford v. Roche: the return of “talismanic incantations”
- Burns & Levinson LLP
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- USA
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- June 17 2011
In reviewing the manner in which Miranda warnings are given, the Supreme Court has stated that there are no “talismanic incantations;” however, as the case of Stanford v. Roche indicates, the language used in employmentcontractorconsultant agreements can have a very large impact on the interpretation and effect of the agreement
MySpace, Craigslist and the mother of all bulletin boards combine to highlight key patent issues
- Burns & Levinson LLP
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- USA
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- March 9 2012
In what could have resulted in a “meat and potatoes” CAFC opinion related to claim interpretation (claim construction) and its effect on anticipation and obviousness, Judge Plager took this opportunity to highlight two important issues in patent law, the framework for claim interpretation and what is understood by “abstract ideas” in terms of patentability
Assignments and the Bayh-Dole Act after Stanford v Roche
- Burns & Levinson LLP
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- USA
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- July 5 2011
A decision by the Supreme Court (the “Court") of the United States on June 6, 2011 has a great impact on the interpretation of the Bayh-Dole act, as well as assignment of contracts relating not just to assignments of inventions under the Bayh-Dole act, but to assignments in general
CAFC weekly: May 21, 2010
- Burns & Levinson LLP
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- USA
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- May 24 2010
This week's only precedential opinion has a non-practicing entity (NPE; previously known as "patent troll") encountering patent invalidation due to anticipation and a less aggressive view of inequitable conduct
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- Firm Name - Burns & Levinson LLP
- Author - Orlando Lopez