13 Dec 2013
Currently in patent infringement cases (including declaratory judgment cases), 35 U.S.C. section 285 reads, “the court in exceptional cases may award reasonable attorney fees to the prevailing party” (emphasis added). As of December 5, 2013, House Representative Bob Goodlatte’s “Innovation Act,” among other changes, seeks to amend this fee shifting statute to have the non-prevailing...
27 Nov 2013
Back in July of 2012, a jury returned a powerful verdict against Samsung, in a suit filed by Apple (AAPL), claiming Samsung infringed on several patents, and diluted Apple’s trade dress for the iPhone. That jury found that 26 Samsung smartphones and tablets infringed Apple patents and that six Samsung smartphones diluted Apple’s registered iPhone...
5 Nov 2013
When most people talk of patents and protecting their inventions they are implicitly talking about “utility patents,” which protect the way an invention works. However, there is an entirely different class of patent, the “design patent,” that United States patent law recognizes and that those seeking a patent should also consider. The Differences… First, the...
28 Oct 2013
In the context of obtaining a patent, a “search” is a professional search of various online databases for inventions that are similar to your invention. The name of such searches varies within our industry, but at our office we simply call such searches a “Patent Search,” and is also often called a novelty search. Patent...
20 Jun 2013
A design patent is a type of patent made on the aesthetic appearance of an object as opposed to a patent on its function. An engine, for example, has a specific purpose or function and this function could be protected by the standard and well known utility patent but the way the engine is designed...
1 Jan 2013
In PHG Technologies, LLC, v. St. John Companies, Case No. 06-1169 (Fed. Cir., Nov. 17, 2006), the Federal Circuit vacated the United States District Court for the Middle District of Tennessee’s preliminary injunction in favor of Plaintiff-Appellee, PHG Technologies, L.L.C. (“PHG”). The court relied on the finding that Defendant-Appellant, St. John Companies, Inc. (“St. John”)...