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Supreme Court Looking to Resolve Federal Circuit Split In Patent Act §101 Case
Eric Alan Stone
&
Catherine Nyarady
The Supreme Court is considering a petition in a §101 case, in which the Federal Circuit split six-to-six in denying rehearing en banc, and in which the Supreme Court recently called for the views of the Solicitor General.
Features
U.S. IP Reform Needed to Prepare for AI Era
Andrei Iancu
&
David J. Kappos
For the U.S. to maintain its technological edge, it must encourage Americans to make more discoveries in AI and other emerging technologies. This in turn requires providing strong IP rights to incentivize and protect the huge investments required to make those discoveries.
Features
DOJ Looking to Develop New SEP Policies
Bruce Love
The Justice Department has confirmed it is looking to develop new policies surrounding how standard-essential patents might be used as tools for anticompetitive practices. The change in policy will mean big business for law firms that can combine highly technical IP advice with their antitrust and litigation practices.
Features
Say What? Are PTAB Judges Really 'Inferior Officers'?
Ben Clark
United States v. Arthrex, Inc. Proving that even the driest of constitutional issues can have significant practical effect, the U.S. Supreme Court recently heard argument in United States v. Arthrex. Before the Court was whether administrative judges of the PTAB have been appointed unconstitutionally.
Features
Synergizing Patents to Drive Innovation and Growth
Siraj Husain
As intellectual property continues to influence business operations, more companies are considering defensive patent pools as a strategic measure to guard against threats that can stifle innovation and growth for both businesses and industries.
Features
The Dark Side of Licensing: How to Prepare for the Audit
David Schnider
The audit clause itself is not something to be feared. It is a necessary means for the licensor to protect its interests and to guard against unscrupulous licensees. But it is a mistake to think that the clause is there solely to prevent malfeasance.
Features
From the PTO to the FDA: What to Consider When Branding Clinical Trials
Brandon Leahy Susanna Lichter
&
Eva Yin
The legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.
Columns & Departments
IP News
Joshua R. Stein
&
Jeff Ginsberg
Federal Circuit: Post-Employment Assignment Clause Void Under California Law Federal Circuit No New Trial for Improper "Pennies on the Dollar" Rhetoric
Features
Marking, Notice and Knowledge: What Patent Licensors Need to Know
Brenda Holmes
A patentee should consider patent marking issues when negotiating a patent license, as well as during the term of the license. Otherwise, the patentee may find that its damages for patent infringement are limited due to its licensee's failure to mark.
Features
Protecting Innovation in the Cyber World from Patent Trolls
John Chen
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.
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