In Golden Eye Media USA, Inc. v. EVO Lifestyle Products Ltd., the Federal Circuit affirmed summary judgment of invalidity of U.S. design patent D779,828 on the grounds that, inter alia, the design was functional. 2021-2096 (Fed. Cir. June 22, 2022)(“Golden Eye”). Unlike
On February 4, 2022, the Federal Circuit decided California Inst. of Tech. v. Broadcom Ltd. et al. 2020-2222, 2021-1527 (“Caltech”). This decision received some immediate publicity for its reversal and remand of a massive damages award that exceeded $1 Bil. While this
A provisional patent application filed with the United States Patent and Trademark Office can be an important tool for an inventor. Because a provisional patent application is subject to less formalities, it is often less expensive to prepare and file than a
Patent litigation can be polarizing. If you’re a defendant accused of patent infringement, you see the patent owner as an opportunistic “patent troll.” On the other hand, if you’re a patent owner and believe someone is infringing your patent rights, you see
Patent litigation was on the rise in 2021. The increase in new case filings, however, was largely attributable to a small number of high-volume non-practicing entities (NPE) which practice a so-called “file-and-settle monetization” strategy.[1] The leverage behind a “file-and-settle” approach for a
Over the years, there has been a lot of passionate commentary from folks with very strong views about patents. Some are unwavering advocates for obtaining patents while others are fierce critics who view patents as having no value or being inherently evil.
Take a minute and write down three things that make your business successful. If innovation, branding, or proprietary competitive information made your list, intellectual property is important to your business. Are you adequately protecting these business assets? Do you have an intellectual
The decision to enforce a patent or patent portfolio should not be taken lightly. The higher the stakes, the harder the fight. Before you decide to step in the ring, you need to understand the potential risks and rewards. You need better