Tag Archives: US

Federal Circuit Strikes Down Millions in Damages Tied to Foreign Sales, with a Lesson for Future Litigants

The Federal Circuit’s recent decision in the litigation between Columbia University and Gen Digital is notable not only for its treatment of software patent eligibility, but also for what it says about potential expansions in the geographic limits of patent damages, especially in the context of software patents. As discussed in our prior blog, the … Continue Reading

Federal Circuit Finds that Antivirus Software is Abstract and Remands for Alice, Step Two

After over a decade of litigating, winning multiple appeals and inter partes review (IPR) proceedings, and finally earning a $185 million jury verdict against cybersecurity giant Gen Digital Inc. that operates the Norton antivirus brand, Columbia University saw a massive setback with last week’s Federal Circuit opinion. The opinion touched on several topics in modern … Continue Reading

Senators Propose Legislation to Provide Multiple Tools for Combating IP Theft

On July 27, US Senators John Cornyn (R-TX), who serves on the Senate Judiciary Subcommittee on Intellectual Property, and Tammy Baldwin (D-WI) proposed legislation that provides additional resources to small business owners and local law enforcement agencies for combating ongoing theft of intellectual property by foreign actors. The American IDEA (IP Defense and Enforcement Advancement) … Continue Reading

Supreme Court Clarifies Standards Governing the Attorneys’ Fees Awards In Copyright Litigation

This morning, the Supreme Court issued its most recent ruling in Kirtsaeng v. John Wiley & Sons, Inc., unanimously holding that the “objective reasonableness” of an unsuccessful litigant’s position should be accorded “substantial weight” when awarding attorneys’ fees in copyright cases.  The Court, however, also noted that this factor is not dispositive and district courts … Continue Reading
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