Blog: Patent Cases

Amazon Can Be Sued for Patent-Infringing Products Sold on its Marketplace

by KeyIP.Law | Feb 14, 2019 | Patent Cases

When Amazon sells a product directly (as “Shipped and sold by Amazon.com” rather than “Sold by [a third party]”), it is liable for any patent infringement as a direct infringer under 35 U.S.C. § 271(a).1 Likely more common is the sale of an infringing product on...

Contracting Another Party To Manufacture an Invention for You Triggers One-Year Deadline To File a U.S. Patent Application, Even if Done Confidentially

by KeyIP.Law | Jan 24, 2019 | Patent Cases

On January 22, the U.S. Supreme Court issued a surprising opinion1 that depended upon a case2 I handled as an associate at a large West Coast IP firm at the beginning of the millennium. In that case I was defending a client (Special Devices, Inc.) sued for infringing...

Appellate Court for Patent Cases Upholds Award of Enhanced Damages for Willful Patent Infringement – More Impetus for Patent Attorney Opinions

by KeyIP.Law | Aug 18, 2017 | Patent Cases

In 2016 the Supreme Court changed the legal standard for determining what constitutes willful patent infringement.1 The new standard makes it easier for courts to find willful infringement, exposing the infringer to enhanced damages up to three times the actual...