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An inter partes review (IPR) might be more efficiently accomplished through arbitration than an IPR through a Patent Trial and Appeal Board (PTAB) proceeding, so it should be considered by practitioners. An IPR Arbitration process can be completed in less time and result in a binding decision. In response to the Supreme Court’s SAS ruling that arguably has resulted in a more complex IPR system, litigants may substitute an IPR Arbitration to obtain a patentability ruling in a shorter, less expensive, and less complex manner.
11th Circuit Weighs in on Intersection of Lanham Act and FDCA Protein Powder Labeling Requirements
By Kyle-Beth Hilfer
A battle between two dietary supplement manufacturers has revived interested in the intersection between the Lanham Act and federal labeling regulations. The issue: can an advertiser challenge a competitor’s product label for false advertising under the Lanham Act if it complies with applicable federal regulations?
The USPTO Brings New Guidance to the Section 101 Quandary
By Susan M. Gerber and A. Patricia Campbell
Part Two of a Two-Part Article
USPTO Attempts to Provide Greater Clarity for Patent-Eligible Subject Matter
By Howard Shire and Christine Weller
Kapoor v. National Rifle Association of America
By Susan M. Gerber and A. Patricia Campbell
Part One of a Two-Part Article
Congress is empowered to create a patent system to promote the useful arts, and it has enacted laws to create a patent system that encourages innovation. Balancing that power, however, the courts in recent years have tried to rein in the scope of the patent right by limiting the scope of patent-eligible subject matter.
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