On August 20, 2007, the Court of Appeals for the Federal Circuit overruled its Underwater Devices decision of 24 years ago to hold that a patent holder asserting willful infringement will now be required to show that an accused patent infringer recklessly disregarded that its conduct constituted infringement.
A new Federal Circuit decision promises to lead to more patent suits between generic drug companies and pioneer drug companies.
In the unanimous decision of KSR v. Teleflex, the Supreme Court appears to have made it harder to defend a patent's validity.
In a 7-1 decision, the Supreme Court held the Patent Act does not extend to foreign
duplication of software in Microsoft Corp. v. AT&T Corp., decided April 30, 2007.
The Federal Circuit’s landmark ruling in In re EchoStar Comm. Corp held that EchoStar’s reliance on in-house counsel acted as a waiver of certain attorney-client privelege protections. District courts have reacted to the ruling in a variety of ways.