IP News & Links - Isbester & Thackray, LLP

Over the past two years, the Supreme Court and the Federal Circuit between them have issued six bellwether decisions relating to patent law. Individually and cumulatively, these opinions have already changed the shape of patent jurisprudence in significant ways.
The full impact of each case on the scope of patent rights will only become clear as the district courts apply the reasoning of each of these opinions over the coming months and years. To discuss how any of these decisions may affect your business and patent portfolio, please give us a call.

To read the full text of each opinion, please follow the links below:


Supreme Court Opinions:
	KSR International Co. v. Teleflex Inc. – changing the standard for determining when a claimed invention is obvious, shifting the balance away from patent holders

	MedImmune, Inc. v. Genentech, Inc. – changing the standards for declaratory judgment suits on patent infringement and invalidity

	Microsoft Corp. v. AT&T Corp. – relating to where software is 'made' for purposes of damages assessment, making it more difficult to recover for overseas copying

	eBay Inc. v. MercExchange LLC – relating to the standards for awarding injunctions in patent cases, and possibly making it harder to obtain an injunction against an infringer

Federal Circuit Opinions:
	In Re Seagate Technology, LLC – relating to waiver of the attorney client privilege and standards for determining willful infringement, affording more protection to accused infringers

	SanDisk Corp. v. STMicroelectronics, Inc. – relating to standards for declaratory judgment suits and whether there was an 'actual case or controversy' based on active license negotiations