Click to view PDF Staas & Halsey LLP Spring Newsletter 2018
On January 10, 2018, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) upheld the patentability of multiple patents under 35 U.S.C. § 101 (”§ 101”) in Finjan, Inc. v. Blue Coat Systems, Inc., but reversing on both infringement counts of two patents and one of the two patents’ damage amounts for failure to apportion.
On January 11, 2018, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) issued its opinion in Advanced Video Technologies LLC v. HTC Corp., holding that a co-inventor of a patent does not transfer ownership interests in the patent under a California employment agreement that includes a “will assign” provision, a trust assignment provision, and a quitclaim assignment provision.
On January 8, 2018, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) issued its decision in Wi-Fi One, LLC v. Broadcom Corp., holding that time-bar determinations under 35 U.S.C. § 315(b) (“§ 315(b)”) are appealable and overruling Achates’s holding that a § 315(b) time-bar determination is final and non-appealable under 35 U.S.C. § 314(d).