May 2007 - Posts
Microsoft Corporation v. AT&T Corporation
Following the Supreme Court's decision in Microsoft Corporation v. AT & T Corporation, one question predominates-"What Will Congress Do?" Why? Because the Microsoft Court explicitly left to Congress the task of protecting certain U.S. patent rights in light of the realities of current software distribution. Specifically, Microsoft addressed the applicability of 34 U.S.C § 271(f) to...
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MedImmune, Inc. v. Genentech, Inc. and KSR International Co. v. Teleflex Inc.
Combined, the decisions MedImmune, Inc. v. Genentech, Inc. and KSR International Co. v. Teleflex Inc. may very well become the catalysts for a patent litigation explosion. Who will drive this next wave? Licensees seeking either an escape from their contracts and/or a downward renegotiation of their royalty rates. MedImmune provides the vehicle, and KSR provides the fuel. Under MedImmune, licensees...
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KSR International Co. v. Teleflex Inc.
Patent law has undergone yet another revision and, once again, the change wrought comes potentially at the patent holder's expense. The latest salvo comes from the Supreme Court's decision in KSR International Co. v. Teleflex Inc. In KSR, the Supreme Court effectively diluted the prevailing test for obviousness in favor of an arguably less stringent, more subjective standard. In KSR, the patent...
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SanDisk Corp v. STMicroElectronics, Inc.
What's a patent holder to do? First, in MedImmune, Inc. v. Genentech, the Supreme Court allows declaratory judgment (DJ) actions by patent licensees in good standing, thereby significantly lowering the ante for such litigation. Now, in SanDisk Corp v. STMicroElectronics, Inc. , the Federal Circuit has ushered in another patent law sea-change. At stake this time? The rules of the dance for patent...
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