Clarifying Standing in Patent Infringement Lawsuits
The Federal Circuit clarified that in patent infringement suits, the key to constitutional standing is the “right to bring suit.” A “bare licensee” with only a promise not to be sued lacks exclusionary rights and cannot…
En-Banc Federal Circuit Redefines Forty-Year-Old Design Patent Invalidity Standard
A May 2024 article1 in this publication discussed a pending en-banc session of the Federal Circuit Court of Appeal, which has plenary jurisdiction over all patent appeals, to consider continued…
Designing Damages
In Samsung v. Apple, both determining “apportionment” and properly identifying an “article of manufacture” were key in the Court’s interpretation of the Code For over a century, design patents have enjoyed…