This Week in Intellectual Property History

On June 1, 1869, the United States Patent Office issued U.S. Patent No. 90,646 entitled, “Electrographic Vote Recorder” to Thomas Edison of Boston, Mass. The most notable aspect of this patent was that it was the first of the 1, 093 U.S. patents obtained by Edison. The device was the first of its kind, and... Continue Reading

Patent Marking Requirements and Benefits

Under the United States Patent Law, 35 U.S.C. § 287(a), damages arising from the infringement of patent claims covering a product do not begin to accrue until an infringer has notice that it is infringing. This can be distinguished from the liability arising from the infringement of claims that cover a method, which... Continue Reading

Europe Adopts New Online Copyright Rules

By a vote of 348 to 274, on March 26, 2019 the European Parliament passed a directive that requires websites to license copyrighted material posted on their websites. Each EU country now has two years to turn the directive into law. Although these laws will apply only in the EU, affected companies may choose to apply... Continue Reading

Acorda Therapeutics v. Roxane Laboratories – The Federal Circuit’s Split Decision Regarding Secondary Indicia of Non-Obviousness

On September 10th the Federal Circuit issued its ruling, 2-1, in the case of Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc. upholding the judgment of the District Court of Delaware which had invalidated four of Acorda’s patents (“the Acorda Patents”) on the basis of obviousness. One of the issues on... Continue Reading