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Is inter partes review of a patent grant compatible with Article III and the Seventh Amendment? That was the question presented in Oil States Energy Services v. Greene’s Energy Group and the U.S. Supreme Court answered in the affirmative.
Is inter partes review of a patent grant compatible with Article III and the Seventh Amendment? That was the question presented in Oil States Energy Services v. Greene’s Energy Group, No. 16-712 (April 24, 2018) and the U.S. Supreme Court answered in the affirmative. In a 7–2 decision authored by Justice Clarence Thomas, the Court held that a patent grant is a “public right” and thus may be modified or revoked by the executive branch without going through full-dress judicial proceedings in the federal courts. As a result, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) can continue to reassess and nix mistakenly granted patents at relatively low cost to challengers.
By Erin Hennessy, Annie Allison and Logan Kotler
Copyright, Fortnite and the Ability to Protect How You Shake Your Groove Thing
The U.S. Supreme Court just crashed the copyright world’s latest dance party — stepping on the toes of a soiree of copyright infringement lawsuits against videogame developer Epic Games, the creator of Fortnite.
By John P. Isacson
IPRs have now been conducted for several years, and litigation has ensued over the procedures by which they are conducted. Decisions have been rendered by the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit, which have resolved some issues, created others, and altered procedures.
By Amanda H. Wilcox
Social media is growing up, and this means that brands of all sizes and across all industries are using social media as part of their marketing strategy. However, courts have confirmed that the basic tenets of intellectual property law and advertising law still apply. The following guidelines stem from common questions that clients often have in the area of social media marketing.
By Jeff Ginsberg and Zhiqiang Liu
Federal Circuit Declines to Follow Patent Office’s Subject Matter Eligibility Guidance In Affirming Trial Court’s Decision That Claims Are Directed to Patent-Ineligible Subject Matter