Features

Sending Out an SAS: Analyzing the <i>SAS Institute Inc. v. Iancu</i> Decision
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 <i>inter partes</i> review (IPR) petitioner's validity challenges.
Features

Supreme Court Gives <i>Inter Partes</i> Review the Green Light
<b><i>Oil States Energy Services v. Greene's Energy Group</b></i><p>Is <i>inter partes</i> review of a patent grant compatible with Article III and the Seventh Amendment? That was the question presented in <i>Oil States Energy Services v. Greene's Energy Group</i> and the U.S. Supreme Court answered in the affirmative.
Features

A Reasonable Royalty Rate Must Be Tied to Facts
<b><i>Exmark Manufacturing Company Inc. v. Briggs & Stratton Power Products Group, LLC</b></i><p>The rate of the reasonable royalty awarded to a successful patent plaintiff must be based on the facts of the case. A damages expert cannot merely pay lip service to the <i>Georgia-Pacific</i> factors and then “pluck” a royalty rate from thin air.
Columns & Departments
IP News
Claim Preclusion Requires Analysis that Claims in Newly Asserted Patents are Patently Indistinct from Claims in Previously Adjudicated Patents<br>Claim Elements Taught by Prior Art for Purposes of Novelty and Obviousness are not Necessarily 'Well-Understood, Routine, and Conventional' Under §101
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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
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

An IP Protection Primer for Entertainment Tech Startups
The tech-heavy entertainment industry is an active field for tech startup companies developing potential patents and trade secrets. But many cash conscious startups are forced to initially neglect protection planning for these intellectual property assets, instead allocating scarce resources to set up and initial operation costs. This article suggests some practical and economical steps for startups, especially those with tight finances, to protect what may become valuable patents and trade secrets.
Columns & Departments
IP News
Federal Circuit Affirms Finding That Rembrandt's Patent Is Not Infringed by Apple's Accused Products<br>District Court Transfers Case after Federal Circuit Ordered It to Reconsider Party's Venue Objections In Light of <i>TC Heartland</i><brPTAB Decision Invalidating AIP Internet Network Patent Affirmed on Appeal
Features

<b><i>Online Extra</b></i><br> After Years of Setbacks, Patent Owners Try to Turn Tide in Congress
Patent owners have taken control of the patent reform debate in the 115th Congress, but it's not clear yet who's supposed to be listening.
Features

Supreme Court Turns Back the Clock on Venue In Patent Infringement Litigation
Although <i>TC Heartland LLC v. Kraft Foods</i> 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.
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.
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