Although TC Heartland LLC v. Kraft Foods answers the question of where a domestic corporation resides in patent infringement cases, it does not fully answer the question of where proper venue lies.
June 02, 2017Christopher Gaspar and Sean Hyberg
One year after its enactment, the Defend Trade Secrets Act (DTSA) continues to be one of the most significant and closely followed developments in trade secret law. The less than 70 reported DTSA cases to date provide an early glimpse into how courts may interpret the statute going forward and what early concerns about the statute may have been exaggerated.
June 02, 2017Robert B. Milligan and D. Joshua SalinasThe Fourth Circuit Court of Appeals is gearing up to hear argument in BMG Rights Management v. Cox Communications, one of the first attempts by the music industry to hold an ISP liable for unauthorized peer-to-peer file sharing by its subscribers.
June 02, 2017J. Alexander Lawrence and Abigail L. ColellaPTAB Did Not Deny Procedural Due Process By Adopting a Claim Construction not Offered by the Parties During IPR
USPTO Did Not Exceed Authority in Granting Inter Partes Reexamination after Requester Sought to Have It DeniedJune 02, 2017Howard J. Shire and Michael BlockStarting in 2013, the USPTO has been requesting reimbursement for the time spent by its attorneys and paralegals on district court challenges to PTAB and TTAB decisions.
May 02, 2017Judith L. GrubnerThe landscape for patent law has changed more quickly over the last five years than it had in preceding decades. Recent cases have profoundly changed the way courts and the USPTO treat patents and patent applications. The U.S. Supreme Court will have ample opportunity, if it chooses, to revisit the issues that have been raised by these cases over the next few terms.
May 02, 2017Gerald B. Halt Jr. and Bradley M. BrownDistrict Court's Decision Retroactively Excusing Failure to Mark Patented Products Vacated By Federal Circuit
Federal Circuit Affirms PTAB's Unpatentability Findings Made In an IPR Proceeding Despite Prior Judicial Opinions Upholding ValidityMay 02, 2017Jeff Ginsberg, Hui Li and Zhiqiang LiuFashion, furniture, and other design-oriented companies will take note of the Supreme Court's recent decision in Star Athletica, L.L.C. v. Varsity Brands, Inc., which resolved a division among the federal circuits on the issue of the separability of designs of useful articles under the Copyright Act.
May 01, 2017Samantha BarberThe U.S. Supreme Court did not appear eager to upset the patent litigation landscape by drastically limiting where infringement lawsuits can be filed.
April 02, 2017Tony MauroRecent U.S. cases have created benchmarks of patent, trademark, copyright, and trade secret liability for foreign activity, and businesses should take heed.
April 02, 2017Andrew P. MacArthur and Ralph A. Dengler
