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At the time of early discovery conferences, parties involved in disputes before the Trademark Trial and Appeal Board are required to consider “any additional topics that could promote settlement or efficient adjudication of the Board proceeding,’ including the Board’s Accelerated Case Resolution (ACR) procedure.” T.B.M.P. §401.01. Based on the number of proceedings that actually take advantage of ACR, however, there are very few takers. Of the 6,156 oppositions and 2,101 cancellations initiated before the Board in 2017 to date, only seventeen took advantage of ACR. See, http://bit.ly/2mKCCeJ.
The Price to Pay for De Novo Review of PTO Decisions
By Jonathan Moskin
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.
Patent Eligibility of User Interfaces
By Lawrence H. Aaronson and James L. Korenchan
Advances in UI Design Can Provide Key Competitive Differentiation and Advantage, Which Makes Protecting Them Critically Important from a Business Perspective
Advances in UI design can also provide key competitive differentiation and advantage, helping to distinguish otherwise commoditized products and services such as computers, Web services, wearables, and appliances. Given this advantage, protecting advances in UI design can also be critically important from a business perspective.
By 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
Foreign Lost Profits Recoverable for Patent Damages
By 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.
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