Sometimes, the devil’s in the dicta. The Supreme Court’s 6-2 decision in Commil v. Cisco rejects good-faith belief in a patent’s invalidity as a defense to induced infringement. It also features a surprising exchange between Justice Kennedy, writing for the majority, and Justice Scalia, dissenting (joined by Chief Justice Roberts), regarding the problematic proliferation of patent-assertion entities (“PAE”). This important… read more
I have a friend who competes in Rubik’s Cube championships. He can solve those puzzles with his hands (and feet!) in seconds, and you can watch his dizzying feats on YouTube. A few weeks ago he received an email accusing him of ripping off a “unique 2x2x2 mechanism.” We’re not exactly sure what that phrase means. Could it mean that… read more
Turing Pharmaceuticals recently raised the price of their drug, Daraprim, dramatically from $13.50 per pill to $750 per pill. Daraprim is mainly used to treat toxoplasmosis, a complication that only requires treatment in individuals with weakened immune systems. On September 8, 2015, the Infectious Disease Society of America and the HIV Medicine Association wrote a letter to Turing asking for… read more
Earlier this year, the United States Patent and Trademark Office announced an initiative to enhance the quality of patents. This new initiative comes on the heels of previous quality initiatives and the patent office’s efforts to reduce the unexamined application backlog from more than 764,000 unexamined applications in January 2009 to its present level of 566,100 applications. This drop in… read more
On September 30, 2015, in recognition and celebration of the Southern District of New York Court’s 225th Anniversary, the Fordham IP Institute and NYIPLA will host a Markman Claim Construction hearing presided over by the Honorable Jed S. Rakoff. The hearing is part of the case, Wundaformer, LLC v. v. Flex Studios, Inc. et al. (1:15-cv-04508 JSR), which is currently pending before… read more
Today, the Supreme Court held that a good faith belief that a patent is invalid is not a defense to induced infringement. Read the opinion here.
Lockheed Martin’s famed Skunk Works, renowned for developing advanced weaponry like the U-2 spy plane and the F-117 stealth fighter, has filed multiple patents relating to a new nuclear fusion reactor design. For those who follow this sort of news, you may be overwhelmed with a kind of muted excitement. Why is this? For decades, scientists and engineers from around… read more
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