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District courts generally have broad discretion in determining what materials may be presented during trial, with evidentiary rulings reviewed for abuse of discretion. Consistent with this principle, the Federal Circuit has repeatedly confirmed that district courts’ discretion extends to the admissibility of evidence relating to post-grant proceedings before the Patent Trial and Appeal Board (PTAB). See, e.g., K-Tec, Inc. v. Vita-Mix Corp., 696 F.3d 1364, 1376 (Fed. Cir. 2012) (affirming district court’s decision to allow parties to discuss the extent to which Patent Office had considered a reference as within “the province of the district court”); Callaway Golf Co. v. Acushnet Co., 576 F.3d 1331, 1342–43 (Fed. Cir. 2009) (affirming district court’s exclusion of evidence of non-final reexamination determinations based on risk of jury confusion).
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Director Vidal’s Impact On the PTAB: Big Changes and More On the Way
By Jennifer Bush
Perhaps the largest impact that Director Vidal has had upon the PTAB is has been via Director Reviews. The U.S. Supreme Court mandated Director Reviews to correct procedural defects in the way that administrative patent judges are appointed to the PTAB.
Like Mushrooms After A Rainstorm: Trade Secret Cases, and Lawyers, Are Growing Exponentially
By Nicole D. Galli
In modern times, trade secrets have long been considered mainly the province of employment lawyers dealing with more mundane issues such as customer relationships. Today, it seems trade secrets lawyers are multiplying like mushrooms after a rainstorm — coming not only from the employment bar, but also from IP, particularly the patent bar.
Designing the Future: Protecting AR/VR Innovations With Design Patents
By By Zachary D. Cleary, Jose J. Jimenez and Taryn A. Elliott
The future is only redesigned every so often, so it is worth asking, what will this new technology look like, and how can pioneers protect their user-facing innovations that will define this emerging space? Design patents are the answer.
By Howard Shire and Justin Tilghman
Ninth Circuit Upholds Copyright Infringement Dismissal In ‘Jangle Vision Twins’ Case
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