Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Into the Dark: Patent Trend Post America Invents Act and <i>Alice</i>
Ah, the good old days. When the America Invents Act (AIA; http://1.usa.gov/19AoMZ2) was being pushed through Congress in 2011, proponents of the proposed changes expounded on the virtues of a system that mirrored the patent practices of the majority of the industrialized world. The switch to a “first to file” system, the introduction of more robust U.S. Patent and Trademark Office (USPTO) methodologies for challenging the validity of issued patents, and the changes to the fundamental statues governing novelty and obviousness were all supposed to provide an enhanced degree of certainty for businesses in their patent portfolio. Instead, the unforeseen consequences of both the AIA and the seminal 2014 Supreme Court decision in Alice v. CLS Bank (Alice), 573 U.S. ___, 134 S. Ct. 2347 (2014), have created a hostile environment for patent portfolios, which has negative implications for investment in innovation and startups.
It is axiomatic in commerce that money will follow opportunity, which is evidenced by the expanding use of the inter partes review process that was introduced in the AIA. Originally, the IPR process under the AIA was introduced to establish a faster and less expensive way to confirm the validity of a patent. It was anticipated that IPRs would be used to help eliminate weak patents that were being asserted by patent challengers, including the much maligned non-practicing entities (“patent trolls”). Those who challenge on the basis of a patent of uncertain scope would rather assume the risk of losing in a timely and efficient USPTO administrative proceeding, than to face losing in a federal court after spending a small fortune.
IPR Filings Climb
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.