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By Tammy J. Dunn
After six years of experience with AIA trial proceedings, including thousands of inter partes reviews (IPRs), post-grant reviews (PGRs), and covered business method reviews (CBMs) ...
By James Carlson
Over thirty-five years ago in Diamond v. Diehr, 450 U.S. 175 (1981) (hereinafter "Diehr"), the United States Supreme Court struck a compromise for patenting software inventions.
By Anna Domask, James Carlson
The United States Supreme Court decision in TC Heartland, LLC v. Kraft Foods Group Brands, LLC, 137 S. Ct. 1514 (2017) (8-0 decision) (hereinafter "TC Heartland") upended 30 years of patent venue law
By Payal Majumdar, Ph.D.
In Emerson Electric Co. v. SIPCO, LLC, No. 2017-1866 (Fed. Cir. August 29, 2018), the U.S. Court of Appeals for the Federal Circuit provides valuable guidance for panels of judges at the USPTAB.
By Louis Bonham, James Carlson
The United States Congress has passed the Orrin G. Hatch Music Modernization Act of 2018 ("MMA"), which now heads to President Trump for his signature.
By Han-Mei Tso
On September 3, 2018, the State Intellectual Property Office of China announced on its website[1] that the English name of the Chinese governmental body has changed...
By John Montgomery, James Carlson
Courts typically use a test set forth in Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989) ("Rogers"), to determine whether artistic expression under the First Amendment of the U.S. Constitution ...
By David Forman
A powerful technique promises to revolutionize biotechnology. With the clumsy name of CRISPR-Cas9, this method enables rapid and convenient editing of genes with potential applications for medicine,
By Yen-Kai (Eldwin) Hseu
The U.S. Court of Appeals for the Federal Circuit ("Federal Circuit") recently decided the case Luminara Worldwide, LLC v. Iancu, No. 17-1629 (Fed. Cir. 2018).
By Peter C. Schechter
In 2011, Rambus was cleared of allegations of improper conduct in connection with its participation in standards-setting organizations (SSO).
By James Carlson
In February 2018, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Berkheimer v. HP Inc., 881 F.3d 1360 (Fed. Cir. 2018) (hereinafter "Berkheimer decision").
By Peter C. Schechter
The Court of Appeals for the Federal Circuit (CAFC), sitting en banc, has decided that the statutory phrase "served with a complaint" ...
By Suzanne Elizabeth Lecocke
The U.S. Court of Appeals for the Federal Circuit ("Federal Circuit") affirmed the Patent Trial & Appeal Board's (PTAB's) ...