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Intellectual Property

  • The U.S. Supreme Court agreed to consider a question raised by Helsinn Healthcare: whether, under the Leahy-Smith America Invents Act (AIA) an inventor's sale of an invention to a third party that is obligated to keep the invention confidential qualifies as prior art for purposes of determining the patentability of the invention.

    August 01, 2018Jon Bachand and Ari Feinstein
  • Supreme Court Grants Cert to Resolve Circuit Split on Registration Prerequisite for Filing Suit under Copyright Act

    Although the term “registration” as used in the Section 411(a) of the Copyright Act does not immediately appear to be ambiguous, courts have reached differing conclusions as to its meaning.

    August 01, 2018James A. Trigg and Chris Bussert
  • Federal Circuit Holds That Tribal Sovereign Immunity Cannot Be Asserted in IPR Proceedings
    Citing 'Steep Burden' on Plaintiffs, Federal Circuit Denies Use of 'Entire Market Value Rule' in Cases Involving Multicomponent Products

    August 01, 2018Howard Shire and Adam Fisher
  • In re: HTC Corporation

    The Federal Circuit recently addressed motions to transfer and drew a distinction between motions based upon the convenience of parties and witnesses and those for improper venue. It also clarified that the Supreme Court's recent decision in TC Heartland did not supplant the long-standing rule that venue laws do not protect foreign defendants.

    July 01, 2018Brian Kramer and Kevin T. Kwon
  • Ostensibly, GDPR's mission is to strengthen and unify the EU's protection of online privacy rights and promote data protection for citizens of the 28 countries currently in the EU. In the global economy, however, GDPR serves as an alarm to all countries with business flowing across Europe and well beyond. Where business flows, data follow.

    July 01, 2018Nina Cunningham
  • A Split Federal Circuit Panel Finds That Petitioner Has Standing to Challenge PTAB's Final Written Decision and That Petitioner Properly Submitted Evidence on Reply
    Federal Circuit Rejects Patent Owner's Time-Bar Defense Based on Privity
    Federal Circuit Finds That District Court May Rely on a Ground Not Raised by Any Party in Granting a Motion for Summary Judgment of Invalidity

    July 01, 2018Jeff Ginsberg and Zhiqiang Liu
  • In a 5-4 decision, with four justices dissenting, the U.S. Supreme Court struck down the Patent Trial and Appeal Board's practice of instituting review on only a subset of an inter partes review (IPR) petitioner's validity challenges.

    June 01, 2018Richard Hung and Rachel Silverman Dolphin
  • Oil States Energy Services v. Greene's Energy Group

    Is inter partes review of a patent grant compatible with Article III and the Seventh Amendment? That was the question presented in Oil States Energy Services v. Greene's Energy Group and the U.S. Supreme Court answered in the affirmative.

    June 01, 2018Athul K. Acharya
  • Many Courts Have Determined that AdWords Bidding Alone Does Not Create Sufficient Consumer Confusion to Support Trademark Infringement Claims

    As Internet searching continues its rapid migration to mobile and inadvertent infringement becomes inevitable, the courts are likely to see an increase of litigation in this area.

    June 01, 2018Aaron Cohn
  • Federal Circuit Holds USPTO Can Defend PTAB Decision After Original Petitioner Drops Out
    Federal Circuit Says Alice Not Intervening Change

    June 01, 2018Howard Shire and Adam B. Fischer