Publications

Patent Markings Important in Determining Damages

July 7, 2017

Legal notice provided by patent markings may play a major role in patent infringement cases, as it may be a primary factor in calculating damages (e.g., how much money and/or other forms of compensation are to be awarded) when a court decides that patent infringement has occurred. Legal notice can be either “actual notice” or […]

Kristian Blomquist

Federal Circuit Clarifies Definition of “On-Sale” Bar to Patentability

June 22, 2017

The Leahy-Smith America Invents Act (AIA) took effect on March 16, 2013, and included various changes to the definition of “prior art” under 35 U.S.C. § 102. One of the changes includes a new definition of the “on-sale” bar to patentability. However, the precise meaning of the new definition remained unclear, with patent scholars speculating […]

Mikhael Mikhalev

Kevin J. Huser

The Supreme Court’s Decision in TC Heartland LLC v. Kraft Foods Group Brands LLC Limits Venue in Patent Cases

May 23, 2017

By Parrish Freeman* The Supreme Court issued a unanimous 8-0 decision this week in TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017) (Justice Gorsuch did not participate). The decision returns patent venue law for domestic corporate defendants to its pre-1990 state, holding that “resides” in 28 U.S.C. §1400(b) (the patent […]

R. Parrish Freeman