Who’s on Your Panel?: The Answer Increasingly Determines Software-Patent Decisions at the Federal Circuit

Kaminski_Jeffri_LRFeatured Expert Contributor – Intellectual Property (Patents)

Jeffri A. Kaminski, Partner, Venable LLP, with Ryan T. Ward, Associate, Venable LLP. Mr. Ward was a Judge K.K. Legett Fellow at the Washington Legal Foundation in the summer of 2009 prior to his third year at Texas Tech School of Law.

The Federal Circuit continues to struggle with determinations of patentability under 35 U.S.C. § 101 in the wake of the Supreme Court’s Alice decision (Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014)).  The most recent decision, Intellectual Ventures, LLC. v. Symantec Corp., (Intellectual Ventures) indicates a developing schism between the newer members of the court and the old guard. Continue reading

Friday Finger on the Pulse: From Our Blogroll and Beyond

  • Be the boss, go to jail?: Responsible corporate office doctrine threatens C-suite executives with prosecution for unknown acts of employees (Corporate Counsel)
  • Due-process arguments and state-court class actions (Class Action Countermeasures)
  • The Supreme Court and laches: Reading into the SCA Hygiene oral argument (Patently-O)
  • New York Court of Appeals finds unconventional litigation-financing agreement constitutes champerty (D&O Diary)
  • The meaning of “foreign official” in the Foreign Corrupt Practices Act remains elusive (FCPA Professor)
  • Federal trial court applies general-jurisdiction principles from Bauman in class-action lawsuit (Drug & Device Law)
  • Has the famed Gateway to the West become a gateway to a pot of gold? : Huge talc litigation verdict furthers St. Louis’s pro-plaintiff reputation (Guideposts Punitive Damages Blog)
  • In State of Washington, communications between in-house counsel and former employees are no longer protected per 5-4 state supreme court ruling (Corporate Counsel)
  • Northern District of California gives Spokeo decision a Lyft in rejecting plaintiffs’ standing to sue the ride-sharing company (Classified)

Video of WLF’s 30th Annual Preview Briefing of US Supreme Court Term Now Available

Our annual briefing was moderated by WLF Legal Policy Advisory Board Chairman Jay Stephens and featured commentary on free-enterprise-oriented cases the Court will hear this Term by Neal Katyal of Hogan Lovells and Daryl Joseffer of King & Spalding LLP.

The following materials were provided to attendees:

With Three Cases on October 2016 Docket, US Supreme Court Poised to Expand Its Impact on Patent Rights

Kaminski_Jeffri_LRFeatured Expert Contributor – Intellectual Property (Patents)

Jeffri A. Kaminski, Venable LLP

The US Supreme Court will hear arguments on three patent cases in the October 2016 Term.  Each case addresses a different area of patent law. In Samsung v. Apple (argument October 11), the Court will address the amount of damages awarded for infringement of a design patent. In SCA Hygiene v. First Quality (argument November 1), the Court will decide if the equitable defense of laches is available in patent cases. Lastly the court will tackle the question of liability for infringement when the product is made in a foreign country and only one component of the infringing product is provided from the U.S. to the foreign country in Life Technologies v. Promega (argument date to be determined). Continue reading

Supreme Court Observations: Halo Electronics v. Pulse Electronics

Kaminski_Jeffri_LRFeatured Expert Contributor – Intellectual Property (Patents)

Jeffri A. Kaminski, Venable LLP

The U.S. Supreme Court’s recent Halo Electronics, Inc v. Pulse Electronics, Inc. decision changes the standard for awarding enhanced damages in patent litigation. The ruling reversed a 2015 U.S. Court of Appeals for the Federal Circuit decision that maintained that court’s longstanding approach to awarding enhanced damages.

In Halo, the Court altered the law on enhanced damages in three ways: 1) it eliminated the requirement to show objective recklessness; 2) it lowered the standard of proof from “clear and convincing evidence” to “preponderance of the evidence;” and 3) it adopted an abuse-of-discretion standard for the Federal Circuit’s review of a district court’s decision to grant enhanced damages. Continue reading

Federal Circuit Decision Final Word on Jurisdiction for Hatch-Waxman Act Patent Suits?

federal circuitOn June 20, 2016, the US Court of Appeals for the Federal Circuit declined to rehear en banc a panel’s decision in Acorda Therapeutics v. Mylan Pharmaceuticals from this past March.  The panel in Acorda ruled that when a generic drug manufacturer files with the FDA an Abbreviated New Drug Application (ANDA) for approval to market a generic drug, that manufacturer is subject to personal jurisdiction in any jurisdiction in which it plans to direct sales of that drug if and once FDA approves its ANDA.  Since then, three district courts in four separate decisions have applied Acorda to deny a generic manufacturer’s Federal Rule of Civil Procedure 12(b)(2) motion based, at least in large part, on the ANDA filing.   Continue reading

WLF’s Annual End-of-Term Review Assesses Key Supreme Court Free-Enterprise Decisions

The U.S. Supreme Court: October 2015 Term Review

Speakers: The Honorable Jay Stephens, Kirkland & Ellis LLP; Andrew J. Pincus, Mayer Brown LLP; Elizabeth P. Papez, Winston & Strawn LLP; Jeffrey B. Wall, Sullivan & Cromwell LLP

Our speakers discussed Court rulings in the areas of class actions, arbitration, the federal False Claims Act, intellectual property, federal regulation, and property rights.