In a patent case filed in the Eastern District of Wisconsin by Illinois Tool Works (“ITW”) against Elektromanufaktur Zangenstein Hanauer GmbH & Co. KGaA (“EMZ”), EMZ moved to dismiss for failure to state a claim under Rule 12(b)(6) as well as for lack of personal jurisdiction under Rule 12(b)(2). EMZ…
In a much anticipated decision, the United States Supreme Court confirmed that, absent a valid assignment agreement, inventors own their invention — even if federal funding was used to support the research efforts. The decision in Leland Stanford Junior Univeristy v. Roche Molecular Systems, Inc. held that under the Patent…
The United States Supreme Court affirmed the use of the clear and convincing evidence standard for challenges to the validity of patents last week in a closely watched and eagerly anticipated case, i4i v. Microsoft. The Supreme Court’s opinion re-affirmed decades of case law that the standard to challenge the…