• | The Intellectual Property Strategist

    Affirmation of the Alien Venue Rule

    July 01, 2018 |

    In re: HTC Corporation

    The Federal Circuit recently addressed motions to transfer and drew a distinction between motions based upon the convenience of parties and witnesses and those for improper venue. It also clarified that the Supreme Court's recent decision in TC Heartland did not supplant the long-standing rule that venue laws do not protect foreign defendants.

  • | The Intellectual Property Strategist

    IP News

    July 01, 2018 |

    A Split Federal Circuit Panel Finds That Petitioner Has Standing to Challenge PTAB's Final Written Decision and That Petitioner Properly Submitted Evidence on Reply
    Federal Circuit Rejects Patent Owner's Time-Bar Defense Based on Privity
    Federal Circuit Finds That District Court May Rely on a Ground Not Raised by Any Party in Granting a Motion for Summary Judgment of Invalidity

  • | The Intellectual Property Strategist

    Trademark 'Theft' With AdWords Keyword Bidding

    June 01, 2018 |

    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.

  • Supreme Court Eyes Relaxing Rule on Foreign Patent Damages

    May 01, 2018 |

    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.