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Patent Law at the Supreme Court February 2022

Patently-O

20-891 (CVSG requested May 3, 2021); Res Judicata and the Patent-Specific Kessler Doctrine : PersonalWeb Technologies, LLC v. 20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sööt Design, LLC v. The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue.

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Capturing All the Dimensions: Intellectual Property Protection for 3-D Designs and 3-D Printing Methods

More Than Your Mark

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. The functionalities and any new and unobvious structures created by 3-D printing technologies may be the subject of a utility or a design patent.

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Safe Skies Eligibility Petition

Patently-O

David Tropp sued Travel Sentry for patent infringement back in 2006. That was the same year that I first taught a patent law class. Back then, eligibility was almost an unknown concept in patent litigation. 208 (2014). 101, as interpreted in Alice Corp Pty v. CLS Bank Int’l , 573 U.S. Tropp Petition.

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District Court Denies Defendant’s Motion for Attorney’s Fees Even After Granting Clear Summary Judgment on Noninfringement Grounds

The IP Law Blog

285, determining plaintiff’s litigation positions were not baseless even after a granting of summary judgment of noninfringement that “was not a close call.” . As way of background, in patent infringement cases, Courts are authorized to award “reasonable attorney fees to the prevailing party” in “exceptional cases.”

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A Typical Eligibility Case in 2023

Patently-O

208 (2014). These were clearly watershed cases that dramatically changed the landscape of patent law and patent litigation. But, those motions are designed to be based simply on the pleadings. Prometheus , 566 U.S. 66 (2012); Alice Corp. CLS Bank International , 573 U.S. 12(b)(6) motion.

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Guest Post by Prof. Contreras: HTC v. Ericsson – Ladies and Gentlemen, The Fifth Circuit Doesn’t Know What FRAND Means Either

Patently-O

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area. 2014), Microsoft v.

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Fifth Circuit Affirms That Ericsson’s Offers to HTC Complied With ETSI FRAND Commitment (HTC v. Ericsson)

LexBlog IP

Ericsson and HTC had entered cross-license agreements in 2003, 2008 and 2014. Under the 2014 license agreement, HTC paid Ericsson a lump sum of $75 million regardless of HTC’s phone sales, which effectively was $2.50 In 2016, just before the 2014 license expired, HTC and Ericsson began negotiating renewal of the license. .”