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On May 21, California federal judge Lucy Koh ordered a sweeping injunction against cellphone chipmaker Qualcomm, requiring the company to renegotiate its licenses and alter its business model. Qualcomm’s “no license, no chips” policy, which required cellphone manufacturers to license Qualcomm’s patents in order to access Qualcomm’s modem chips, was challenged by the Federal Trade Commission (FTC) in January 2017. Apple also sued Qualcomm for its patent-licensing practices but in April of this year, reached a surprising settlement on the first day of trial. See, Daniel Siegal, “Apple, Qualcomm Drop Multibillion-Dollar Licensing War,” Law360 (April 16, 2019).
By Nicole D. Galli
In the last five years, the courts have instead began wading into policy setting without the tools and resources to fully consider all the issues and various interests. Thus, the recent congressional efforts to consider these questions is welcome and, frankly, overdue.
By Scott Graham
Fifteen states had argued that they and their public universities shouldn’t have to expose their patents to validity review at the patent trial and appeal board.
By Jeffrey S. Ginsberg and Abhishek Bapna
Federal Circuit Finds District Court Erred in Analysis of Motivation to Combine Prior Art References, Yet Affirms Ultimate Conclusion of Non-obviousness Due to the Lack of a Reasonable Expectation of Success
Federal Circuit Rules that Issue Preclusion Bars a Party from Arguing in an Appeal of an Inter Partes Review Decision an Issue Previously Decided in Another Inter Partes Review Proceeding that Was Not Appealed
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?