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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 David S. Gold
Branding is not a new concept, nor are the various intellectual property laws that protect brands. What is new to most is how this burgeoning industry can take advantage of those laws within the context of state and federal restrictions.
By Tom Gushue
The owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.
By Glenn E.J. Murphy
Many observers greeted the passage of the AIA into law as a long-overdue overhaul of U.S. patent law that aligned it with patent systems prevailing in the rest of the world. Who knew what mischief just seven of the AIA’s more than 25,000 words contained? The U.S. Supreme Court answered earlier this year.
By Norman C. Simon and Patrick J. Campbell
The decision in Romag Fasteners v. Fossil will bring welcome uniformity, ending the status quo where eligibility to recover profits under the Lanham Act depends on which court is deciding the dispute