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1
IP & Antitrust Know-How 2018
Does competition law apply to the obtainment, grant, acquisition, exercise and transfer of intellectual property rights?
United States
31 Oct 2018
2
PTAB Holds That It May Decline Institution Of An IPR Request Regardless Of The Merits Of The Request; Designates Decision As Precedential
On October 18, 2017, the PTAB, which had previously declined to institute the IPR requested by the petitioner in General Plastic Industrial Co. v. Canon Kabushiki Kaisha ...
United States
16 Jan 2018
3
Protective Orders Are Not Always Pro Forma
The PTAB rules include a default protective order that provides a single-level confidentiality designation, allowing access to any filed confidential documents by the parties, as well as their ...
United States
16 Jan 2018
4
IPR Settlement Remains Difficult
Intellectual Property Newsletter 13 IPR Settlement Remains Difficult Although their name would suggest that inter partes reviews are proceedings between two private adversaries ...
United States
16 Jan 2018
5
CAFC Reverses Course On Reviewing IPR Timeliness
On January 8, 2018, in Wi-Fi One, LLC v. Broadcom Corp., the Federal Circuit rendered an en banc decision holding that the PTAB's determination that a petition for inter partes review ...
United States
16 Jan 2018
6
The Constitutionality Of Inter Partes Review: Considering The Outcomes Of The Supreme Court's Oil States Decision
Inter partes review has, in a very short time, become a core part of patent litigation practice in the United States. In many cases it has replaced district-court litigation.
United States
16 Jan 2018
7
Intellectual Property Newsletter
Since the founding of our republic, the right to trial before an independent judge and an impartial jury has been fundamental.
United States
12 Jan 2018
8
GCR Know-How – IP & Antitrust 2017 - USA
Does competition law apply to the obtainment, grant, acquisition, exercise and transfer of intellectual property rights?
United States
20 Oct 2017
9
Federal Circuit Denies En Banc Review Of CBM Eligibility In Secure Axcess
A patent may be challenged under an America Invents Act ("AIA") covered business method ("CBM") review if it "claims a method or corresponding apparatus for performing data processing or...
United States
3 Jul 2017
10
Evolution Of IPR Estoppel
Inter partes review proceedings ("IPRs") can be powerful weapons in the hands of a petitioner seeking to invalidate potentially threatening patent claims.
United States
3 Jul 2017
11
Only Mostly Dead: Pre-Issuance Patent Expiration
The defendants in a recent case in the United States District Court for the Eastern District of Texas argued that one of the patents in suit had died before it ever lived.
United States
30 Jun 2017
12
Federal Circuit Issues Rare Decision Finding Abuse Of Discretion In Denying Attorneys' Fees Award Under Section 285
In Rothschild Connected Devices Innovations, LLC v. Guardian Protection Servs., Inc., the United States Court of Appeals for the Federal Circuit (the "CAFC") reversed and remanded a decision...
United States
30 Jun 2017
13
Non-Disclosing Sales Under The AIA's On-Sale Bar
On May 1, 2017, the United States Court of Appeals for the Federal Circuit (the "CAFC") issued an opinion in Helsinn Healthcare S.A. v. Teva Pharms USA, Inc.7 discussing the prior-art provisions...
United States
30 Jun 2017
14
Oil States: The Constitutionality of the Current Patent Regime
On June 12, 2017, the Supreme Court granted certiorari in the case of Oil States Energy Servs., LLC v. Greene's Energy Grp., LLC, with respect to the first question presented:
United States
29 Jun 2017
15
More Trouble Brewing in the Heartland: Foreign Corporation Immunity and Other Issues Arising from the Supreme Court's Venue Decision
The patent venue statute, 28 U.S.C. § 1400(b), provides that patent infringement actions "may be brought in the judicial district where the defendant resides...
United States
29 Jun 2017
16
Intellectual Property Newsletter Jun 21st 2017
The patent venue statute, 28 U.S.C. § 1400(b), provides that patent infringement actions "may be brought in the judicial district where the defendant resides...
United States
29 Jun 2017
17
How Eliminating Agency Deference Might Affect PTAB And ITC
More than 30 years ago, in Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc., the U.S. Supreme Court held that, with regard to judicial review of an agency's construction of a statute which it administers...
United States
21 Apr 2017
18
The Supreme Court (And Federal Circuit) Remand Samsung Elecs. Co. V. Apple Inc. Design Patent Damages
On January 9, 2017, in Samsung Elecs. Co. v. Apple Inc., the Supreme Court unanimously held that, under Section 289 of the patent statute governing design patent infringement damages...
United States
22 Mar 2017
19
A "Substantial Portion" Of The Components Of A Patented Invention Is More Than One
In the August 2016 issue of our Intellectual Property newsletter, we published a summary of the parties' arguments in Life Techs. Corp. v. Promega Corp.
United States
22 Mar 2017
20
Patent Venue At The Supreme Court Update: TC Heartland's Petition For Certiorari Granted
In the November 2016 issue of our Intellectual Property newsletter we published a commentary on TC Heartland's petition for certiorari, in which we suggested that TC Heartland raised enough...
United States
22 Mar 2017
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