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"Improper Revival" Not A Cognizable Defense In An Action Involving The Validity Or Infringement Of A Patent

Client Alert | less than 1 min read | 09.24.08

In Aristocrat Technologies Australia PTY Ltd. v. International Game Tech. (No. 2008-1016; Sept. 22, 2008), the Federal Circuit reverses a district court's grant of summary judgment that U.S. Patent No. 7,056,215 ("the '215 patent"), and the continuation patent that followed it, are invalid on the grounds that the U.S. Patent and Trademark Office "improperly revived" the '215 patent after it was abandoned during prosecution. The Federal Circuit holds that "improper revival" is not a cognizable defense in an action involving the validity or infringement of a patent, reasoning that the proper revival of an abandoned application is not a defense recognized by the patent statute nor is it a ground specified in the patent statute as a condition for patentability.

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Client Alert | 8 min read | 09.08.26

Saxon Woods Investments Limited v Costa [2026] UKSC 21: Good Faith in the Boardroom

The UK Supreme Court has unanimously dismissed the appeal of Mr Francesco Costa, former chairman of Spring Media Investments Limited, in the first Supreme Court judgment to consider the scope of the duty under section 172(1) of the Companies Act 2006. The foundational position is that good faith requires honest conduct as well as honest thinking. A director's genuine belief that they are acting in the company's best interests will not excuse covert or disloyal conduct in pursuit of that belief. ...