"Recent Amendment to the Economic Espionage Act Extends Protection Against...
On December 28, 2012, President Obama enacted the Theft of Trade Secrets Clarification Act of 2012. The Act clarifies the scope of Section 1832 of the Economic Espionage Act and attempts to reverse the...
View Article"US District Court Issues First Decision Calculating a FRAND Royalty for...
Why this case is important: - First decision to set a framework for determining a FRAND royalty; and - Provides guidance for calculating the value of a SEP, affecting (1) SEP holders and potential...
View Article"Patent Eligibility Considerations Following the Supreme Court’s Myriad Ruling"
On June 13, 2013, the Supreme Court issued its long-awaited decision in Assoc. for Molecular Pathology v. Myriad Genetics, Inc., U.S., No. 12–398 (Myriad). In a unanimous opinion, the Court held that a...
View Article"Intellectual Property and Technology: Patent Issues to Watch in 2014"
With key provisions of the America Invents Act (AIA) taking effect and a host of controversial U.S. Supreme Court decisions, 2013 was another active year for intellectual property law. Big cases and...
View Article"Supreme Court Relaxes Standards for Attorneys’ Fees in Highly Anticipated...
In companion decisions issued on April 29, 2014, the U.S. Supreme Court significantly relaxed the standard for an award of attorneys’ fees under 35 U.S.C. § 285. Octane Fitness, LLC v. ICON Health...
View Article"Supreme Court Tightens Requirement for Proving Induced Infringement of...
In a unanimous decision issued on June 2, 2014, the U.S. Supreme Court significantly tightened the requirements for proving inducement of infringement of method patent claims under 35 U.S.C. § 271(b)....
View Article"Supreme Court Relaxes Standard for Patent Indefiniteness"
In a decision issued on June 2, 2014, the U.S. Supreme Court lowered the bar for parties arguing patent indefiniteness under 35 U.S.C. § 112. Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369...
View Article"US Supreme Court Reiterates Two-Part Test for Patentability of...
In a unanimous decision issued on June 19, 2014, the U.S. Supreme Court found that patent claims for managing risk in a financial transaction were drawn to an abstract idea that was patent-ineligible...
View Article"Intellectual Property Issues Stacking Up for 3-D Printing"
In the 1980s and 1990s, viewers of the television series “Star Trek: The Next Generation” regularly saw Patrick Stewart procure hot tea from a “replicator,” which generated his tea — cup and all —...
View Article"Supreme Court Mandates a Clear Error Standard of Review for Factual Findings...
In a 7-2 decision issued on January 20, 2015, the U.S. Supreme Court, in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., held that the Federal Circuit must review factual findings underlying claim...
View Article"Federal Circuit Wrestles With Patent Eligibility of Internet-Based Business...
When are Internet-based business methods eligible for patent protection under 35 U.S.C. § 101? In 2014, the Supreme Court laid the groundwork for the Federal Circuit to grapple with this question, when...
View Article"After Period of High Invalidation Rates, New US Patent Challenge Procedures...
When the U.S. Patent and Trademark Office's (USPTO) Patent Trial and Appeal Board (PTAB) began hearing post-issuance patent challenge proceedings under the America Invents Act in September 2012, the...
View Article"New Federal Trade Secrets Act Becomes Law"
On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA, or Act) into law. The DTSA, among other things, amends the Economic Espionage Act to create, for the first time, a...
View Article"Supreme Court Confers Broader District Court Discretion in Determining...
In a unanimous decision issued on June 13, 2016, the U.S. Supreme Court, in Halo Electronics, Inc. v. Pulse Electronics, Inc., relaxed the standard for awards of enhanced damages under 35 U.S.C. § 284....
View Article"US Supreme Court Holds That Exporting One Component of Invention Abroad Does...
In a 7-0 decision issued on February 22, 2017, in Life Technologies Corp. v. Promega Corp., the U.S. Supreme Court held that exporting a single component of a multicomponent invention for combination...
View Article"In SCA Hygiene, Supreme Court Rules Laches Not a Defense to Damages Within...
In a 7-1 decision issued on March 21, 2017, the U.S. Supreme Court held in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC that laches cannot be invoked as a defense against a claim...
View Article"Strategies for Litigants in Patent Infringement Cases Using Motions to...
Nearly three years have passed since the U.S. Supreme Court's decision on patent eligibility in Alice Corp. Pty. Ltd. v. CLS Bank Int'l. The decision, which ushered in an unprecedented wave of cases...
View ArticleSupreme Court Limits Venue in Patent Litigation
In an 8-0 decision issued on May 22, 2017, the U.S. Supreme Court, in TC Heartland LLC v. Kraft Foods Group Brands LLC, restricted the available venues for patent litigation claims under 28 U.S.C. §...
View ArticleThe Rise of Trade Secret Litigation in the Digital Age
U.S. courts have recognized trade secret protection for more than 200 years, and companies have long relied on trade secrets to guard iconic intellectual property, such as the ingredients for Coca-Cola...
View ArticleSupreme Court Rulings Signal Significant Changes to Post-Issuance Patent...
In a pair of decisions issued on April 24, 2018, the U.S. Supreme Court clarified the constitutionality of and the appropriate practice for inter partes review. The 7-2 majority opinion in Oil States...
View ArticleSkadden's 2019 Insights: Trade Secrets Take Center Stage, and Contracts Play...
The stars of intellectual property law have historically been patents, copyrights and trademarks. Trade secrets have long been legally recognized but only recently have begun to share equal billing....
View ArticleSupreme Court: Parties Cannot Appeal PTAB Decision To Institute Inter Partes...
On April 20, 2020, the U.S. Supreme Court issued a 7-2 decision in Thryv, Inc. v. Click-To-Call Technologies, LP, ruling Section 314(d) of the America Invents Act (AIA) precludes the appeal of a...
View ArticleIn Arthrex, Supreme Court To Review Constitutionality of Patent Board’s...
In October 2020, the U.S. Supreme Court agreed to hear a case that could affect the viability of the Patent Trial and Appeal Board (PTAB) as well as countless PTAB patentability decisions — past,...
View ArticleSupreme Court Opens Door for Assignors To Challenge Patent Validity
Takeaways - Minerva Surgical v. Hologic limits the application of assignor estoppel, which bars inventor-assignors from challenging patents they obtained. If a buyer-assignee later expands the scope of...
View ArticlePTAB Update - March 2023
Steep Drop in Discretionary Denials — But Will It Last? The Patent Trial and Appeal Board (PTAB) may be becoming more petitioner-friendly following a June 2022 memorandum that significantly narrows a...
View ArticleInsights – April 2023 | Insights
This edition of Skadden’s quarterly Insights looks at the rising number of de-SPACed companies seeking Chapter 11 protection, the growth of a market designed to assume legacy liabilities, an effort to...
View ArticleAI and Patent Law: Balancing Innovation and Inventorship
A new surge in business innovation has arrived as companies take advantage of the unique efficiencies and benefits of artificial intelligence (AI). Recent news headlines about chatbots like ChatGPT and...
View ArticleNew Developments Help Clarify Intersection of Patent Law and Artificial...
Two recent developments, one in the U.S. and one in the U.K., have shed further light on the intersection of patent law and artificial intelligence (AI), particularly with respect to whether...
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