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Radical Reform: How the Supreme Court, the Federal Circuit, and Congress are Changing the Landscape of Patent Litigation

07.12.07

A panel of litigation partners from Simpson Thacher’s Palo Alto office will discuss recent landmark rulings from the Supreme Court, arguments before the Federal Circuit, and proposed legislation before both houses of Congress that are of critical importance to patent litigators and prosecutors. Topics to be discussed include:

  • eBay v. MercExchange, L.L.C.: What is the current landscape on injunctive relief? How are courts dealing with prospective damages when injunctive relief is denied?
     
  • KSR Int’l Co. v. Teleflex Inc.: What are the implications of the Supreme Court’s rejection of the longstanding “teaching, suggestion, or motivation” test? How expansive are the alternative approaches to the TSM test discussed by the Court? How is KSR being applied by lower courts?
     
  • Microsoft Corp. v. AT&T Corp.: What are the lessons for companies exporting software?
     
  • In re Seagate Technology, LLC: What can be gleaned from the en banc argument? What are the implications for the reliance on counsel defense to willfullness?
     
  • Patent Reform Act of 2007: What is on the table? What is the current status of the proposals in Congress?

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