June 20, 2016
Fitch Even partners Alison Aubry Richards and Kendrew H. Colton were each quoted in articles covering last week’s U.S. Supreme Court decision in Halo Electronics, Inc. v. Pulse Electronics, Inc. to reject the Federal Circuit's strict test for awarding enhanced damages in patent cases, finding that it was not justified under the Patent Act.
Alison was quoted in the Law360 article “Attorneys React to High Court's Patent Damages Ruling,” commenting in part that the “Halo decision makes a finding of willfulness—and enhanced damages—a more realistic danger for accused infringers.” The article, including Alison’s full commentary, can be found on the Law360 website (sub. req.).
Ken was quoted in an article published online in last week’s edition of Chemical & Engineering News, a publication of the American Chemical Society. In the article, "U.S. Supreme Court Facilitates Larger Patent Damage Awards," Ken’s comments include that the Supreme Court ruling “especially heightens the importance of the accused infringer’s prelitigation conduct and proof of that conduct.” The article can be read in its entirety on the C&EN website.
IP Alert | Knowledge Within the Art Does Not Save Means-Plus-Function Claim Term Lacking Corresponding StructureFebruary 19, 2021
On February 12, in Synchronoss Technologies, Inc. v. Dropbox, Inc., the Federal Circuit affirmed that certain of Synchronoss's claims were invalid for indefiniteness, since the claims included a means-plus-function claim term that did not have adequate structural support in the specification. Read more
IP Alert | Customer Loyalty Program Does Not Claim Patent-Eligible Subject MatterFebruary 16, 2021
On February 8, in cxLoyalty, Inc v. Maritz Holdings, Inc., the Federal Circuit invalidated a patent for failure to claim patentable subject matter, reversing findings of the PTAB relating to substitute claims in a CBM review. Read more