U.S. Patent Office statistics show that the PTAB has found at least one claim of a challenged patent to be unpatentable in over 80% of IPRs. Given these odds, and the fact that institution of an IPR is not appealable, a patent owner's best shot at preserving its patent rights intact is to defeat institution of the IPR trial in the first instance.
- October 02, 2017Susan Perng Pan
Competitive intelligence in law firms can mean very different things, depending on the context, size and type of law firm (national vs. global), and so forth. Here's why it's so important.
October 02, 2017Patricia EllardThe first step to solving a problem is knowing it exists. But many businesses have never thought to ask whether their customer-facing websites are accessible to people with disabilities, and only become aware of the issue when they are sent a demand letter or served with a lawsuit alleging that their site violates the Americans with Disabilities Act (ADA).
October 02, 2017Matthias L. NiskaAs annual open enrollment season approaches, many employers may be evaluating ways in which to control rising health plan costs. One strategy frequently considered is a financial incentive for employees to waive or opt out of the employer-sponsored group health coverage.
October 02, 2017Julia M. Vander WeeleIn Haining Wansheng Sofa Co., Ltd. v. World Imports, Ltd. (In re World Imports, Ltd.), the Third Circuit firmly declared that "received" in Section 503(b)(9) connotes actual physical custody of the goods by the debtor. This turnabout in the interpretation of the meaning of "received" is a significant development, given that such claims frequently arise in business bankruptcies.
October 02, 2017Anthony Michael SabinoThis article examines some of the key aspects of desirability and viability that are working together to make Brownfield redevelopment increasingly attractive in today's real estate market.
October 02, 2017Paul M. SchmidtPart One of a Two-Part Article
Managing partners and members of executive committees in the most successful law firms strongly support the concept of having Practice Group Leaders (PGLs) assume a major role in their firms' efforts. Here's why.
October 02, 2017Joel A. RoseSusan Kohlmann, managing partner of Jenner & Block's New York office, has secured a shutout win for the stepdaughter of John Steinbeck in the latest installment of a long-running legal feud over book rights that has divided the late author's progeny.
October 02, 2017Ben HancockPart One of a Two-Part Article
Personal assistants, fitness trackers, and automotive black boxes are among the devices whose data and metadata may have big impact in legal cases. Here's why.
October 02, 2017Michael CiaramitaroThe Supreme Court, in Universal Health Servs., Inc. v. United States ex rel. Escobar, altered the landscape for FCA litigation. In this case, the Supreme Court instructed lower courts to scrutinize the materiality of the false statements to the government's decision to pay a claim; in doing so, the Court raised the bar for successful prosecution of qui tam claims.
October 02, 2017Danielle Corcione, Daniel Wenner, Robert Marasco and Jennifer Mitchell











