The equitable defense of laches has long been recognized as an available and effective method for precluding recovery of legal damages, and it can provide a lifeline to defendants who otherwise lack strong noninfringement or invalidity arguments. However, the availability of this defense is now in question. This November, the Supreme Court will hear [...]
Digital products are weird: they are inert without software to animate them, and software is so technologically and legally weird that it can be very hard to know exactly what you’re buying. But there just might be some clarity on the horizon, thanks to documents I recently filed with the Federal Trade Commission (FTC), [...]
In business environments that are fueled by innovation, diligent budgeting and spend management can mean the difference between sinking and swimming. While introducing new intellectual property (IP) can increase a business’s net worth from a revenue standpoint and by increasing the likelihood of procuring investor funding, it’s by monitoring resource investments that a business [...]
If you heard the sound of groaning on Monday morning, it was probably struggling to support the immensity of the latest offering of Mr Justice Arnold, adjudicating a leviathan struggle between Idenix and Gilead. The technical field is treatments for Hepatitis C; the specific area is nucleoside analogues having alleged activity against Hepatitis C Virus [...]
Academic textbook publisher John Wiley & Sons, Inc. (Wiley) owns the American copyright for textbooks and often assigns its rights to its foreign subsidiaries to publish, print, and sell its textbooks abroad. Supap Kirtsaeng is a Thai citizen who came to the United States in 1997 to study mathematics. While he was in the [...]
On February 12, 2016, the Federal Circuit issued its en banc opinion in Lexmark International Inc. v. Impression Products Inc., addressing whether its long-standing rules on two key aspects of patent exhaustion remain sound in light of more recent decisions of the Supreme Court. The Federal Circuit reaffirmed its earlier decisions, confirming that a patentee’s U.S. patent [...]
