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The Supreme Court's growing intellectual property docket

USA - February 23 2015 In the closing decades of the twentieth century, the United States Supreme Court appeared to follow an informal policy of benign neglect toward the…

Daryl L. Joseffer

Clarification of the ‘vitiation test” when applying the doctrine of equivalents.

USA - December 21 2012 A unanimous panel of the Fed Circuit reversed a grant of summary judgment of non-infringement, clarifying the limits of the “vitiation test” when applying…

Even in death, an immediate, concrete dispute is required for declaratory-judgment jurisdiction

USA - November 14 2012 The Federal Circuit affirmed a dismissal for lack of declaratory-judgment jurisdiction in a case involving patents related to cremation technology.

Second bite of the Apple—Fed Circuit reverses preliminary injunction against Samsung’s Galaxy Nexus smartphone

USA - November 14 2012 The Federal Circuit issued a highly anticipated decision that reversed a district court’s preliminary injunction against the Galaxy Nexus smartphone.

The en banc court speaks on divided infringement, but not with one voice

USA - October 4 2012 Prior to the recent en banc decision on divided infringement of method claims, the court had adopted a “single-entity rule,” under which no liability for direct infringement would be found unless a single actor performed all steps of a method claim or multiple participants performed the steps as part of a contract or agency relationship that is directed or controlled by a single “mastermind”.