STLR Link Roundup – March 5, 2014

Warning to Patent Trolls: Supreme Court Could Endorse Fee-Shifting in Frivolous Patent Suits In the morning of February 26, 2014, the Supreme Court heard arguments in two cases concerning who should pay attorney fees in frivolous patent cases. The Court will decide, under the attorney’s fees provision of 35 U.S.C. § 285, when a federal judge may order the plaintiff to pay for the defendant’s attorney’s fees as punishment for having brought a patent infringement Continue Reading →

En Banc Federal Circuit Opts for Status Quo as it Upholds Cybor No-Deference Rule

Claim construction is arguably the most crucial aspect of a patent infringement case. As some prominent legal scholars and practitioners note, “[claim construction] is central to evaluation of infringement and validity, and can affect or determine the outcome of other significant issues such as unenforceability, enablement, and remedies.” To date, there have been three important claim construction cases. In Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996), the Supreme Court, while not categorizing claim construction as Continue Reading →

STLR Link Roundup – November 2, 2013

WTO Rules against China in Rare Mineral Earths Case Chinese government officials announced this Wednesday that the World Trade Organization has ruled against China’s export duties on rare earths. In doing so, the WTO dispute settlement panel basically upheld the joint claim by the United States, the European Union and Japan, questioning Beijing’s policy of limiting the amounts of rare earths it makes available to the international market as a violation of WTO rules. The Continue Reading →