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By Andrew Turner, John Rondini
The Federal Circuit recently ruled that a petition for inter partes review is not barred by assignor estoppel when the petitioner is in privity with a co-inventor ...
By Marc Lorelli, Chanille Carswell, David Berry
Although the U.S. Supreme Court historically has heard relatively few intellectual property cases, it has shown a heightened interest in recent years by granting certiorari in multiple cases each term.
By Marc Lorelli, Mark A. Cantor, John LeRoy, John Rondini
Ancora Technologies, Inc. v. HTC America, Inc., No. 2018-1404 (Fed. Cir. Nov. 16, 2018).
By Erica D. Klein
The U.S. Supreme Court has agreed to hear a case addressing the effect a trademark owner's bankruptcy may have on a licensee's right to continue to use a mark licensed before the bankruptcy was filed.
By Frank Angileri, John Rondini
On October 11, 2018, the U.S. Patent and Trademark Office ("the Office") published final rules changing the patent claim construction standard used by the Patent Trial and Appeal Board ("PTAB") ...
By Isaac Slutsky
The U.S. Court of Appeals for the Federal Circuit affirmed a district court ruling that a claim in Intellectual Ventures I LLC's patent covering an "application-aware resource allocator"...
By Anna Robinson
Since the dawn of the Digital Millennium Copyright Act ("DMCA") twenty years ago, Online Service Providers ("OSPs") and copyright owners have found themselves at odds.
By Sangeeta G. Shah, John Rondini
On August 16, 2018, the U.S. Court of Appeals for the Federal Circuit issued a spate of precedential decisions, including three clarifying procedures in inter partes review proceedings before the USPTO's Patent Trial and Appeal Board.
By Andrew Turner, David Berry
The USPTO Patent Trial and Appeal Board has issued a revised AIA Trial Practice Guide, updating the original guide published in 2012.
By Sangeeta G. Shah
In a closely-watched case, the U.S. Court of Appeals for the Federal Circuit affirmed a decision by the USPTO's Patent Trial and Appeal Board and held that tribal sovereign immunity does not apply to...
By Christopher C. Smith, Marc Lorelli
In a decision considering the extraterritorial effect of the U.S. Patent Act, the Supreme Court has ruled that damages for patent infringement under 35 U.S.C. § 271(f)(2) can – in at least some cases ...
By Sangeeta G. Shah, John Rondini
In the wake of the Supreme Court's decision in SAS Institute Inc. v. Iancu, 584 U.S. __, 138 S.Ct. 1348 (2018), ruling that 35 U.S.C. § 318(a) requires the PTAB's final written decision ("FWD") in an inter partes review...
By Frank Angileri, Sangeeta G. Shah, John Rondini
The U. S. Supreme Court issued rulings today in two cases involving inter partes review proceedings ("IPRs") created by the Leahy-Smith America Invents Act ("AIA").
By Andrew Turner, John Rondini
The PTAB recently designated two decisions as informative that concern its discretion to deny institution of an IPR/CBM petition. Under 35 U.S.C. § 325(d), "In determining whether to institute or order a proceeding...
By Sangeeta G. Shah, John Rondini
On January 12, 2108, the U.S. Supreme Court agreed to hear an appeal addressing whether a patent owner proving infringement under 35 U.S.C. § 271(f) is entitled to damages suffered outside the United States...