Kelsey I. Nix


  • In The Wake Of Bilski, U.S. Patent Office Issues Guidelines For Determining Whether Method Claims Recite Eligible Subject Matter
    Tuesday, November 2, 2010
    The United States Patent and Trademark Office (PTO) published Interim Guidance on July 27, 2010, for evaluating method claims for subject-matter eligibility under ยง 101 of the Patent Act.1 The guidance follows this year's long-awaited Supreme Court decision in Bilski v.
  • Federal Circuit Ignites Interest In False Patent Marking Lawsuits
    Monday, October 4, 2010
    A specific category of patent lawsuit has occupied federal courts this year: approximately 15 percent of all patent cases have been "false marking" cases.1These cases allege that a company has marked a product with a patent that has expired, is invalid, or does not cover the product.
  • Thursday, January 1, 2009
    The United States Court of Appeals for the Federal Circuit issued a decision on October 30, 2008 in a closely watched case on the patentability of processes under Section 101 of the Patent Act.1Chief Judge Michel's en banc majority opinion in the Bilski case adopted a more stringent test for the patentability of processes and affirmed the Patent Office's...
  • Friday, August 1, 2008
    On June 9, 2008, the United States Supreme Court reversed a decision by the U.S. Court of Appeals for the Federal Circuit in the closely watched battle between LG Electronics, Inc. ("LGE") and Quanta Computer, Inc. The decision restricts LGE's ability to demand royalties from Quanta, which had purchased chipsets and microprocessors from LGE's licensee,...
  • Wednesday, August 1, 2007
    Interesting and difficult questions lie at the intersection of intellectual property rights and antitrust enforcement. The U.S. Department of Justice and the Federal Trade Commission (the "Agencies") recently released a long-awaited joint report on that intersection entitled "Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and...
  • Thursday, March 1, 2007
    The Supreme Court's January 9, 2007 opinion in MedImmune, Inc. v. Genentech, Inc.1 alters the balance of power between patent holders and their licensees. A patent licensee is no longer required to terminate or breach its license agreement in order to seek a declaratory judgment that the licensed patent is invalid, unenforceable, or not infringed....