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AKAMAI V. LIMELIGHT: FEDERAL CIRCUIT FINDS DIRECT INFRINGEMENT OF METHOD CLAIMS WHERE STEPS PERFORMED BY OR ATTRIBUTABLE TO SINGLE ENTITY By Jeffrey H. Chang A unanimous en banc Federal Circuit held that, despite some of the claimed method steps being performed by Limelight’s customers, substantial evidence supported the jury’s finding that Limelight directly infringed a method claim because…

Joseph J. Berghammer, Peter D. McDermott, V. Bryan Medlock Jr., Jon O. Nelson, Joseph M. Potenza, Christopher J. Renk, Charles W. Shifley and Bradley C. Wright are listed as leaders in intellectual property law in the 2016 edition of Best Lawyers in America. Inclusion in Best Lawyers® is based entirely on peer review. The methodology is designed to…

Mr. Porter explains how the Federal Circuit’s en banc decision in Akamai v. Limelight may impact how parties draft patents in the Law360 article, “Limelight case widens scope of direct infringement.” He also discusses how the case may give patent applicants more flexibility in meeting Section 101 of the Patent Act relating to patentable subject matter. Please click here to read the article (subscription required).

SUPREMA, INC. V. ITC: ITC CAN EXCLUDE, UNDER INDUCEMENT THEORY, IMPORTED PRODUCTS THAT ONLY INFRINGE AFTER IMPORTATION By Jeffrey H. Chang On August 10, 2015, an en banc Court of Appeals for the Federal Circuit held that the International Trade Commission’s interpretation of Section 337 was reasonable and therefore that the ITC has the authority to exclude, under a…

THE IMPORT OF ELECTRONIC DATA:  FEDERAL CIRCUIT APPEARS UNLIKELY TO AFFIRM COMMISSION’S JURISDICTION OVER DIGITAL “ARTICLES” By Aaron Bowling The United States International Trade Commission (ITC or Commission) possesses unique powers under 19 U.S.C. § 1337 (Section 337). Upon finding that a party engaged in “unfair acts,” e.g., patent or trademark infringement, the ITC issues “exclusion…

THE USPTO ANNOUNCES ADDITIONAL GUIDELINES FOR DETERMINING SUBJECT MATTER ELIGIBILITY UNDER 35 U.S.C. § 101 By Brian J. Emfinger On July 30, 2015, the United States Patent and Trademark Office issued additional guidelines for use by USPTO personnel in determining subject matter eligibility under 35 U.S.C. § 101. These additional guidelines follow the public comments provided…

Richard S. Stockton points out in the Aug. 3, 2015, edition of the Daily Journalthat the long-running dispute between the Academy of Motion Picture Arts and Sciences and GoDaddy.com LLC could largely benefit trademark owners. “It’s important because trademark owners now have a vehicle for going right after the registrar as opposed to just the cybersquatter,” Mr.…

The American Bar Association’s Section of Intellectual Property Law (ABA-IPL) has named Darrell G. Mottley editor-in-chief of its Landslide magazine. Mr. Mottley previously served as deputy editor-in-chief and moved into his new role at the ABA Annual Meeting in Chicago, July 30-Aug. 4, 2015. He will serve a two-year term. The ABA-IPL publishes Landslide magazine six times a year, offering analysis,…

Charles W. Shifley discusses whether inter partes reviews could lead to a decrease in patent applications and litigation in the August 2015 issue of Chicago Lawyer magazine. Please click here to read, “Patently Dangerous: Rise of the ‘Death Squad.'”

In the July 27 article, Mr. Dannenberg weighs in on a lawsuit filed by the state of Georgia against a political activist for allegedly uploading and distributing copies of its annotated laws online. According to the state, the uploaded copies of the Official Code of Georgia Annotated (OCGA) infringe its copyright. Mr. Dannenberg points out that “laws,…