On September 6, the United States Senate began consideration of the America Invents Act. So far, it seems very likely that this consideration will end with approval of the Act, as President Obama has already indicated that he will sign … Continue reading
Court Takes Eon-Net to Task in Exceptional Case Finding
Regarding Eon-Net LP v. Flagstar Bancorp (Fed. Cir. 2011): the court found patentee Eon-Net to be guilty of misconduct in its recent filing against Flagstar Bancorp. The court found this case to be an exceptional case, as per 35 U.S.C. … Continue reading
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‘Inequitable Conduct’ is Now a More Difficult Defense to Prove
In the recent decision of Therasense, Inc. v. Becton, Dickinson & Co. (Fed. Cir. 2011) (en banc), the Federal Circuit court raised the standards for proving an ‘inequitable conduct’ defense. The court seems to hope that this decision will discourage … Continue reading
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Calculation of Damages in Cases Involving False Marking
Cases which involve advertisements as false patent markings reach a thorny issue when those involved must determine fair monetary damages. The courts have addressed this issue differently at different times, but most involved seem to agree that the law as-written … Continue reading
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