Scott D. Locke
The recent In Re Rembrandt Technologies decision is a reminder of both the potential consequence of a patent holder’s disingenuous assertion of unintentionality and the challenges that defendants face when raising the improper filing of a petition to revive a lapsed patent as a defense.
A look at several unique trademark cases where the plaintiff fashion brand proactively sought to invalidate a competitor’s non-traditional trademarks, an action which reflects a push back on increasingly aggressive litigation tactics by fashion brands seeking to blur the lines between a non-protectable fashion trend and a protectable trademark.
The USPTO announced revisions to PTAB procedures that formalize Andrei Iancu’s control over the 250 administrative patent judges and their policy-making, while making that control more transparent.
Howard Shire and Adam Fischer
Federal Circuit: IPR Petitioner Always Retains Burden of Establishing Timeliness
Federal Circuit: Framework for ‘Overlapping Cases’ Applies in IPR
NantKwest v Iancu
The Federal Circuit sitting en banc reversed its own prior ruling and held that “all expenses of the proceeding” does not include attorneys’ fees.
Jeffrey S. Ginsberg and Abhishek Bapna
Federal Circuit Remands for Further Proceedings to Determine Whether RPX’s Petitions for IPR Were Time Barred For Failing to Identify Its Client As a ‘Real Party in Interest’
Federal Circuit Holds that Common Law Tribal Sovereign Immunity Cannot Shield a Patent in IPR Proceedings,br> Federal Circuit Holds that an Unsuccessful IPR Petitioner Must Show ‘Concrete Plans’ for Future Potentially-Infringing Activity in Order to Demonstrate Article III Standing to Appeal PTAB’s IPR Decision
Lawrence E. Ashery
Fans of movies about fictional superheroes are probably familiar with Captain America and his miraculous shield. Recently, however, his shield showed up in a most unlikely place: the U.S. Patent and Trademark Office (USPTO).
Elizabeth B. Hagan
The U.S. Supreme Court recently held that a patent owner may recover lost foreign profits for infringement under 35 U.S.C. §271(f)(2). The holding in WesternGeco LLC v. ION Geophysical rejects the Federal Circuit’s categorical exclusion of lost profits damages for foreign sales, and expands the potential for increased damages from domestic competitors operating in foreign markets.
Jon Bachand and Ari Feinstein
The U.S. Supreme Court agreed to consider a question raised by Helsinn Healthcare: 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.
Howard Shire and Adam Fisher
Federal Circuit Holds That Tribal Sovereign Immunity Cannot Be Asserted in IPR Proceedings
Citing ‘Steep Burden’ on Plaintiffs, Federal Circuit Denies Use of ‘Entire Market Value Rule’ in Cases Involving Multicomponent Products