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Court Cases

Key Recent Court Cases Affecting Patents

The Supreme Court continues to render decisions that dramatically affect US patent laws. Just how these rulings will be comprehended and implemented by the lower courts and the US Patent Office has yet to be determined. It is a travesty that the so-called Patent Reform Act is even being considered for a Senate vote in light of these Supreme Court decisions and the well-crafted, well-staged attack on the US Patent System that is being driven by high-tech Goliaths. The most recent key Supreme Court actions that have already or will soon have a major impact on our Patent System are summarized below:

LG vs Quanta

• 06-937 - Quanta vs. LG - Questions Presented
• August 23, 2007 - Brief for the United States as Amicus Curiae
• March 20, 2007 - Reply Brief of Petitioners
• March 9, 2007 - Brief of Dell, Hewlett Packard and Gateway as Amici Curiae in support of Petitioners
• March 9, 2007 - Brief in Respondent of Opposition
• November 30, 2006 - Petition for a Writ of Certiorari
• July 7, 2006 - U.S. Court of Appeals for the Federal Circuit

eBay Decision (2006)

• Establishes compulsory licensing
• Makes Injunctions much more difficult to obtain
• Individuals will be effectively denied this tool to stop infringement
• Even manufacturers will have a tougher time obtaining injunctions

Medimmune Decision (2007)

• Allows licensee to attack the owner's patents while asserting license against the owner
• If licensee loses, it can continue to rely on the license
• If licensee wins, it can avoid prior obligations under the license

KSR Decision (2007)

• Bar is significantly lowered for defendants to establish "obviousness" and invalidate patents

July 24, 2008

NEWS ALERTS

TPL GROUP
Jul 10, 2008
Bosch Purchase MMP Portfolio

Jun 30, 2008
Hoya Purchase MMP Portfolio

PATENT REFORM
June 2008
by Pat Choate
The Patent Quality Issue; An Analysis of USPTO Ex Parte Reexamination Data

CALL TO ACTION

Write your Senator or Business Associates opposing the current patent reform bill in the Senate.

LETTER WRITING CAMPAIGN