In other Ocean Tomo Insights posts, I have discussed uncertainty in the intellectual property system. In the patent system, one of the sources of uncertainty is the question of validity. A recent publication by my former colleagues in the Office of the Chief Economist at the US Patent and Trademark Office addresses uncertainty that resulted […]
Court
SCOTUS to Hear Case on Damages for Trademark Violations Based on Foreign Sales
In 2023, the U.S. Supreme Court (SCOTUS) will take up what could prove a landmark case on the reach of U.S. courts in awarding damages based on extraterritorial sales in trademark disputes. The case is Abitron Austria GmbH, et al. v. Hetronic International, Inc., Docket 21-1043. Hetronic manufactures construction equipment components. By agreement, Arbitron and […]
Patent Cases in the Western District of Texas to be Randomly Assigned
Under a new policy announced Monday, July 25, 2022, patent cases filed in Waco, Texas, will be randomly assigned to one of 12 judges in the Western District of Texas, rather than them automatically being heard by Judge Alan Albright. RPX in their July 2022, Q2 Update notes that “the Western District of Texas was […]
Federal Circuit Panel’s Diverge on Abstractness of Business Method Claims
Recent Federal Circuit Court rulings indicate inconsistencies surrounding “abstract ideas” and the resulting patent-eligibility of business methods and software. In CLS Bank Int’l v Alice Corp. (No. 2011-1301, Fed. Cir. July 9, 2012), the Federal Circuit passed judgment on the eligibility of claims directed to a computerized trading platform for exchanging credit and debit obligations […]