The Role of Territoriality in Patent Exhaustion
Patent exhaustion is one of the most fundamental restrictions on patent rights. Under this doctrine, an authorized sale of a patented article moves it outside the scope of the U.S. patent monopoly....
View ArticlePatent Eligibility Post-Alice
From a patent challenger’s perspective, Alice further reinforces the need to evaluate whether an early dispositive motion under § 101 can end the litigation. In crafting such motions, it is important...
View ArticleAn Opportunity for Clarity in Design Patent Damages
The Federal Circuit has a unique opportunity to clarify the law concerning damages under § 289 in the Apple v. Samsung case. Focusing on the scope of infringement and causation can give meaning to the...
View ArticleTeva and What It Means for Apple v. Samsung and Design Patents
Two independent errors warrant reversal, but to be fair, the district court did not have the benefit of the Supreme Court’s decision in Teva. Now, the Federal Circuit has the opportunity to address the...
View ArticleThe Saga Continues: Apple v. Samsung, Next Stop Supreme Court
Apple v. Samsung is not over. Samsung has stated it is going to file a petition for certiorari later this year with the Supreme Court. In its petition, Samsung is likely to challenge, among other...
View Article
