Bilski et al v. Kappos (561 U.S. 593 (2010)

Submitted an amicus brief on behalf of Dolby Laboratories for the Supreme Court of the United States in the landmark Bilski ruling relating to business method patents. The Supreme Court relied on and cited for the proposition in overturning the Federal Circuit Court of Appeals opinion and addressing the scope of what is patentable under section 101 of the Patent Act. Specifically, that exclusive adoption of a “machine-or-transformation test” for patent eligibility “would create uncertainty as to the patentability of software, advanced diagnostic medicine techniques, and inventions based on linear programming, data compression, and the manipulation of digital signals.”

Firm Highlights

Publication

Supreme Court Allows Recovery of Foreign Lost Profits For Shipping Components of a Patented Invention Overseas

On June 22, 2018, the Supreme Court issued a decision in WesternGeco LLC v. Ion Geophyiscal Corp. addressing whether foreign lost profits can be recovered for infringement under 35 U.S.C. ยง 271(f)(2) of the...

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Daily Journal Names Jeff Fisher Among Top IP Lawyers in California

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Farella Braun + Martel Attorneys Named 2019 IP Stars by Managing Intellectual Property

SAN FRANCISCO, May 21, 2019: Farella Braun + Martel’s James L. Day , Jeffrey M. Fisher , Eugene Mar , Stephanie P. Skaff and Roderick M. Thompson have been named IP Stars by Managing...

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Publication

Who 'Owns' a Secret? Whether Trade Secret Licensees Have Standing to Sue in California

If the eye-popping damages awards in several recent lawsuits are any indication, companies are increasingly coming to see their private information as one of their most valuable assets—and California juries apparently agree. For example,...

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Publication

Will It Go Forward? First Cannabis Patent Infringement Case Filed in Federal Court

A patent infringement case pending in front of the U.S. District Court for the District of Colorado has the potential to set an important precedent that will have ramifications for many of our clients...

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Farella Braun + Martel Recognized by Chambers USA 2019

SAN FRANCISCO, April 25, 2019:Farella Braun + Martel announces that Chambers USA has recognized 11 lawyers and five practice areas in the legal directory’s 2019 edition. Practice Area Recognition:  Of note, this year the...

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Farella Braun + Martel Wins Benchmark Litigation 2019 San Francisco Firm of the Year Award

SAN FRANCISCO, March 15, 2019: Farella Braun + Martel announces it has been named “San Francisco Firm of the Year” by Benchmark Litigation . Farella Partner Douglas Young accepted the award on behalf of...

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Supreme Court Upholds Constitutionality of Inter Partes Review of Issued Patents

In 2012, Congress created a new procedure that allows the U.S. Patent and Trademark Office to conduct a litigation-like procedure to review and potentially cancel patents. This procedure - inter partes review (“IPR”) - has...

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