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On June 25, 2018, the U.S. Supreme Court agreed to consider a question raised by Helsinn Healthcare S.A. (Helsinn): whether, under the Leahy-Smith America Invents Act (AIA) an inventor’s sale of an invention to a third party that is obligated to keep the invention confidential qualifies as prior art for purposes of determining the patentability of the invention.
By Marcus Harris and Ryan Burandt
This article discusses recovering damages for trademark infringement and various strategies for establishing those damages.
By Lewis R. Clayton and Eric Alan Stone
How, if at all, can a non-injured party that challenges a patent before the PTAB and loses may then demonstrate Article III standing to appeal to the federal courts from the PTAB’s decision upholding the patent’s validity.
By Phillip Bantz
The U.S. and China are in the midst of an escalating trade war and the DOJ has been prosecuting trade misappropriation cases against China with notable vigor as of late.
By Christine E. Weller
Converse v. ITC