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Federal Circuit Holds That PTAB's Determination on Whether the One Year Time-Bar Is Triggered in <i>Inter Partes</i> Review Is Reviewable on Appeal Image

Federal Circuit Holds That PTAB's Determination on Whether the One Year Time-Bar Is Triggered in <i>Inter Partes</i> Review Is Reviewable on Appeal

Jon E. Wright & Pauline M. Pelletier

On Jan. 8, 2018, the Federal Circuit issued its significant <i>en banc</i> decision in <i>Wi-Fi One, LLC v. Broadcom.</i> In that decision, the Federal Circuit held that the time-bar of 35 U.S.C. §315(b) is reviewable on appeal, thus overturning a prior panel decision and opening the door for parties to challenge how the USPTO has interpreted and applied that statutory provision.

Features

More Developments in NFL Concussion Litigation Image

More Developments in NFL Concussion Litigation

Max Mitchell

Several leading law firms in the National Football League concussion settlement litigation are taking issue with an expert report that suggested slashing attorney fee recoveries. More than 10 law firms have filed responses to a December expert report that recommended capping attorney fees.

Features

Trademark Board's Precedential Ruling on Use in Commerce Image

Trademark Board's Precedential Ruling on Use in Commerce

Howard J. Shire & Jeremy S. Boczko

In a nearly 50-page precedential opinion in a ruling of great significance to the entertainment industry, a TTAB panel of judges recently underscored the need to prove actual use in commerce in order to register a trademark, regardless of how low the standard for use under the Lanham Act has recently become.

Features

The False Claims Act Sealing Orders Image

The False Claims Act Sealing Orders

Andrew W. Schilling & Megan E. Whitehill

<b><i>What They Say and Do Not Say</b></i><p><b><i>Part Three of a Three-Part Article</b></i><p>The question remains: Is the defendant in a False Claims Act matter barred from discussing the case, as are the relator and the government?

Columns & Departments

Development

ssalkin

Town Board Failed to Take 'Hard Look' at Amendment<br>Jurisdictional Determination from Army Corps<br>Developer Failed to Allege Concrete Injury

Features

Bankruptcy Venue Reform Bill Image

Bankruptcy Venue Reform Bill

ljnstaff

On Jan. 8, 2018, Senators John Cornyn (R-TX) and Elizabeth Warren (D-MA) introduced the Bankruptcy Venue Reform Act of 2018, which is designed to prevent forum shopping in Chapter 11 bankruptcy cases, a practice that has resulted in a concentration of bankruptcy cases in a few districts.

Features

Federal Circuit Holds Scandalous or Immoral Marks Entitled to Registration Image

Federal Circuit Holds Scandalous or Immoral Marks Entitled to Registration

Stacey C. Kalamaras

<b><i>Refusal Is an Unconstitutional Violation of Free Speech</b></i><p>On Dec. 15, 2017, a unanimous Court of Appeals for the Federal Circuit held that despite Appellant's mark comprising “immoral or scandalous” matter, the PTO could no longer refuse federal registration of such marks on the grounds that this refusal violated the free speech clause of the First Amendment of the U.S. Constitution.

Columns & Departments

In the Courts

ssalkin

Royal Dutch Shell and Eni Head to Trial over Nigeria Corruption Allegations

Features

Bankruptcy Court Authorizes Rejection of Employment Separation Agreements Image

Bankruptcy Court Authorizes Rejection of Employment Separation Agreements

Francis J. Lawall & Michael J. Custer

The Bankruptcy Code can be an effective tool for reducing liabilities and enhancing asset value for the benefit of creditors. One of the more important…

Columns & Departments

Landlord & Tenant

ssalkin

Renewal Option<br>Illusory Tenancy Claim

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