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The America Invents Act established a specialty tribunal known as the Patent Trial and Appeal Board (PTAB) to review the patentability of claims via an inter partes review (IPR) process. IPRs have given patent infringement defendants and would-be defendants a means to challenge the viability of patent claims after the patent grant. U.S. Patent Office statistics (as of May 2017) show that the Board has found at least one claim of a challenged patent to be unpatentable in over 80% of IPRs which become instituted for trial and which reach a Final Written Decision. Given these odds, and the fact that institution of an IPR is not appealable, a patent owner’s best shot at preserving its patent rights intact is to defeat institution of the IPR trial in the first instance.
By Erin Hennessy, Annie Allison and Logan Kotler
Copyright, Fortnite and the Ability to Protect How You Shake Your Groove Thing
The U.S. Supreme Court just crashed the copyright world’s latest dance party — stepping on the toes of a soiree of copyright infringement lawsuits against videogame developer Epic Games, the creator of Fortnite.
By John P. Isacson
IPRs have now been conducted for several years, and litigation has ensued over the procedures by which they are conducted. Decisions have been rendered by the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit, which have resolved some issues, created others, and altered procedures.
By Amanda H. Wilcox
Social media is growing up, and this means that brands of all sizes and across all industries are using social media as part of their marketing strategy. However, courts have confirmed that the basic tenets of intellectual property law and advertising law still apply. The following guidelines stem from common questions that clients often have in the area of social media marketing.
By Jeff Ginsberg and Zhiqiang Liu
Federal Circuit Declines to Follow Patent Office’s Subject Matter Eligibility Guidance In Affirming Trial Court’s Decision That Claims Are Directed to Patent-Ineligible Subject Matter