Richard Hung and Rachel Silverman Dolphin
In a 5-4 decision, with four justices dissenting, the U.S. Supreme Court struck down the Patent Trial and Appeal Board’s practice of instituting review on only a subset of an inter partes review (IPR) petitioner’s validity challenges.
Athul K. Acharya
Oil States Energy Services v. Greene’s Energy Group
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.
Many Courts Have Determined that AdWords Bidding Alone Does Not Create Sufficient Consumer Confusion to Support Trademark Infringement Claims
As Internet searching continues its rapid migration to mobile and inadvertent infringement becomes inevitable, the courts are likely to see an increase of litigation in this area.
Howard Shire and Adam B. Fischer
Federal Circuit Holds USPTO Can Defend PTAB Decision After Original Petitioner Drops Out
Federal Circuit Says Alice Not Intervening Change
Brief Use of Graffiti Art in HBO’s Vinyl Show Found De Minimis
Chinese Film Company Subject to Personal Jurisdiction in Location Security Company’s Colorado Lawsuit
Nathan D. Renov
On March 27, 2018, in Oracle America, Inc. v. Google LLC, the Federal Circuit overturned a jury verdict in favor of Google from the U.S. District Court for the Northern District of California. In doing so, the court revived Oracle’s claim that Google’s use of Oracle’s open-source Java language code did not constitute “fair use.”
Despite Possibility of ‘Chaos,’ Presumption Against Extraterritorial Application May Give Way to Simple Proximate Cause Test, Justices Suggest
The U.S. Supreme Court seemed to be mulling a flexible test for foreign patent damages last month, with the categorical presumption against extraterritoriality taking a back seat.
Shari Claire Lewis
A Recent Decision by the U.S. District Court for the Southern District of New York Involving Twitter May Have Significant Implications for Online Publications
The exponential growth of social media, and the inevitable conflicts that result, is leading to more and more litigation. In many instances, courts are being asked to apply laws crafted before the Internet era to these modern disputes.
Much has been written about what will happen to EU-wide IP rights after Brexit — and whether, and how, the protection given by those rights will be maintained in the UK. Finally, we have some clarity about what is going to happen.
Jeff Ginsberg and Dorothy LeRay
Federal Circuit Affirms Dismissal of Declaratory-Judgment Action Based Under Rule Against Piecemeal Adjudication
Federal Circuit Affirms Non-Infringement Finding Despite Defendant’s Discovery Violation