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March 02, 2014

Trial Court Claim Interpretation Given No Deference On Appeal

In a recent decision, the Federal Circuit Court of Appeals reconfirmed that decisions of a trial court interpreting the meaning of terms used in patent claims are not given deference on appeal. Instead, the court of appeals reviews patent claim interpretations de novo, and need not give the trial court decisions any weight.

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October 02, 2013

Supreme Court to Consider Awards to Successful Patent Defendants

The patent statutes allow the award of attorneys’ fees in a patent infringement lawsuit to the prevailing party—plaintiff or defendant—in exceptional cases. The Federal Circuit Court of Appeals has long held that a prevailing accused infringer must prove the plaintiff's position was objectively unreasonable and that it was subjectively (that is, knowingly) asserted in bad faith. Some companies that have been sued for patent infringement contend that the standard should be lowered, making it easier for a successful defendant to recover its fees when defending against a weak patent infringement case. Now the Supreme Court has agreed to consider that question.

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August 15, 2013

Inventor’s Purchase Order to Supplier May Place Invention On Sale

The patent statutes provide that an invention cannot be patented when the inventor has placed the invention on sale more than a year before the filing date of the patent application. The so-called "on-sale bar" is clearly applicable when an inventor manufactures an item and sells it directly to others, but its application is less obvious when the inventor does not make or sell the item, and instead buys a quantity of it from a supplier. In a recent decision, the court held that the invention is on sale--and the patent will be barred--in such cases.

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legal news

March 17, 2015

Larry Graham Featured in King County Bar Association Profile

LGJ attorney Larry Graham has been honored as the attorney profiled this month in the King County Bar Association's monthly periodical, the Bar Bulletin.

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January 28, 2015

LGJ Files Amicus Brief at the U.S. Supreme Court in Support of the Petitioner in Commil USA v. Cisco

LGJ is proud to have filed an amicus brief on behalf of The Biotechnology Industry Organization (BIO) in Commil USA v. Cisco, No. 13-896, a case currently accepted for review by the United States Supreme Court on writ of certiorari from the United States Court of Appeals for the Federal Circuit. In Commil, the issue presented is “[w]hether the Federal Circuit erred in holding that a defendant’s belief that a patent is invalid is a defense to induced infringement under 35 U.S.C. § 271(b).” The Biotechnology Industry Organization (BIO) is a trade association representing over 1,100 companies, academic institutions, and biotechnology centers. BIO members are involved in the research and development of biotechnological healthcare, agricultural, environmental, and industrial products. In the healthcare sector alone, the biotechnology industry has more than 370 therapeutic products currently in clinical trials being studied to treat more than 200 diseases. The vast majority of BIO members are small companies that have yet to bring a product to market and attain profitability.

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July 01, 2014

LGJ Attorneys Selected for 2014 Washington Super Lawyer Listing

Lowe Graham Jones attorneys David Lowe, Larry Graham, Mark Lorbiecki, and Mark Walters have again been included in the Washington Super Lawyers list, while attorney Ben Dugan is listed among the Rising Stars list.

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