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The America Invents Act (AIA) created inter partes review (IPR) to allow the public to challenge issued patents based upon published prior art. IPRs allowed for greater participation for challengers, and replaced the previous inter partes reexamination procedure. IPRs are conducted before a panel of Administrative Patent Judges of the Patent Trial and Appeal Board (PTAB). In contrast, inter partes reexamination was conducted before a patent examiner, and permitted appeal to the PTAB.
By Wesley Overson, Otis Littlefield, Mat Swiderski, and Stephanie Blij
Since the U.S. Supreme Court decided Mayo and Myriad, the Federal Circuit has expanded the holdings and invalidated more patents directed to biological discoveries. If the newly discovered correlations and properties of what is found in nature cannot be patented, what strategies for protection are left for companies doing biological research?
Photographs on the Internet: Circuit Courts Examine Copyright Infringement
By Kyle-Beth Hilfer
Two recent circuit court cases clarified copyright infringement of photographs on the Internet. Both cases serve as cautionary tales for those who takes photographs for their websites from the Internet without investigating copyright rights.
Stanford Is Serving 11 Flavors of NPE
By Scott Graham
Stanford Law School made available to the public a database of every patent lawsuit that’s been filed since 2007.
By Howard Shire and Christine Weller
Mercedes Benz USA LLC v. Bombardier
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