Features
Supreme Court Ends Laches Defense in Patent Cases
<b><i>SCA Hygiene Products v. First Quality Baby Products</i></b><p>The U.S. Supreme Court on March 21 ruled laches is not a defense to patent infringement suits that are brought within the Patent Act's limitations period.
Features
Supreme Court Limits Patent Liability for Component Makers in Global Supply Chain
<b><i>Life Technologies v. Promega</b></i><br>In a decision that should please American manufacturers that feed into the global supply chain, the U.S. Supreme Court has narrowly interpreted a 33-year-old law that imposes patent liability on components made in the U.S. for assembly overseas.
Features
The Joke is in the Bag! Parody at the Federal and TTAB Levels
On Feb. 13, 2017, the eve of Valentine's Day, the Second Circuit Court of Appeals extended no love to Louis Vuitton, effectively asserting that it would not rehear the infringement suit against My Other Bag, Inc., denying the en banc request in a brief order.
Features
Where Does Judge Gorsuch Fall on IP?
<b><i>The SCOTUS Nominee's Opinions Don't Appear to Favor Alleged Intellectual Property Infringers or Owners</b></i><br>Over the 10 years that he has served on the U.S. Court of Appeals for the Tenth Circuit, Gorsuch's decisions in intellectual property disputes have reflected a close attention to statutory text and a preference for narrow results that hew closely to precedent.
Columns & Departments
IP News
Federal Circuit Affirms Grant of a Preliminary Injunction Despite PTAB's Final Written Decision<br>Federal Circuit: Proving Derivation Requires a Showing That All Limitations Were Conceived and Communicated
Features
How Much Did the Federal Circuit Narrow Eligibility for Covered Business Method Review?
In November of last year, the Federal Circuit narrowed the types of patents eligible for covered business method review in <i>Unwired Planet, LLC v. Google Inc.</i> The court's decision narrowed what patents are eligible for CBM review, and provided some guidance for future cases.
Features
Amending Patent Claims in Post-Grant Trial Proceedings
<b><i>What You Need to Know</i></b><br>The America Invents Act gave patent owners the right to move to amend their patent claims. To date, however, this right has been more illusory than real. Given their dismal success rate so far, many hope that the tide will turn in favor of granting more motions to amend.
Features
Copyright Challenge to 'We Shall Overcome' Proceeds
As 2017 commences, political protest against injustice is as relevant as ever in the United States. At the same time, a lawsuit concerning the copyright rights to the powerful anthem We Shall Overcome may proceed to trial. In November 2016, the case survived a motion to dismiss the copyright infringement claims.
Features
Joint Infringement Post-Akamai: Understanding the Impact on Prosecution and Litigation Strategies<br><font size="-1"><b><i>Part 2: Decisions Since</i> Akamai <i>and Practice Insights</b></i></font>
Reviews the recent Federal Circuit <i>Eli Lilly</i> case as well as district court cases that have interpreted the new standard and identifies prosecution and litigation strategies for practicing post-<i>Akamai</i><p>
Features
Presidential Cybersecurity Handoff
Given the pending change in administration and uncertainty around President-elect Trump's priorities on cybersecurity, an analysis of the current federal cyber landscape may yield insights into how the next administration might prioritize their approach on this important front.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
