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The Intellectual Property Strategist

Features

Supreme Court Leaves As Many Questions As It Answers In 'Google v. Oracle' Image

Supreme Court Leaves As Many Questions As It Answers In 'Google v. Oracle'

Shaleen Patel

The Court cleared Google of copyright infringement in terminating a 16-year long dispute as to whether Google's Android mobile platform had infringed Oracle's Java programming language's copyright. However, the Court did not answer the question of whether specific components of computer software qualifies for copyright protection at all.

Features

Not Your Property, Your Business: When Customized Products Become the Business of Rights Holders and Courts Image

Not Your Property, Your Business: When Customized Products Become the Business of Rights Holders and Courts

Chidera Anyanwu & Chloe Delehanty

In some instances the appearance of third-party intellectual property on items purchased, owned and customized by the purchaser may be legal under the doctrines of first sale and fair use.

Columns & Departments

IP News Image

IP News

Jeffrey Ginsberg & Matthew Weiss

Federal Circuit: The Doctrine of Equivalents Is Not a Binary Choice Federal Circuit: No Estoppel for Party That Joined IPR

Features

Say What? Are PTAB Judges Really 'Inferior Officers'? Image

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

Implications of 'Amgen v. Sanofi' On the State of Enablement Law Image

Implications of 'Amgen v. Sanofi' On the State of Enablement Law

Bruce M. Wexler, Aaron P. Selikson, Ashley N. Mays-Williams & Susan S. Hwang

The decision appears to take steps to harmonize the prior cases that appropriately were guided by the Wands factors with the cases discussing the "full scope" of enablement that have engendered some confusion in the law.

Features

Synergizing Patents to Drive Innovation and Growth Image

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

Equity In Broad and Flexible Fashion Image

Equity In Broad and Flexible Fashion

Kelvin Han

Federal Circuit Wasn't Chicken to Grant Equitable Intervening Right in Poultry Processing Equipment Case A dispute between the two titans in the poultry processing equipment market led the U.S. Court of Appeals for the Federal Circuit to construe the term "protection of investments" in 35 U.S.C. §252.

Columns & Departments

IP News Image

IP News

Howard Shire & Shaleen J. Patel

On March 12, the Federal Circuit granted Janssen Pharmaceutica's motion to dismiss Mylan Laboratories' appeal and denied Mylan's request for mandamus relief, holding that it lacked jurisdiction to hear Mylan's appeal.

Features

A Unique Solution to COVID-19-Related Delays At the U.S. International Trade Commission Image

A Unique Solution to COVID-19-Related Delays At the U.S. International Trade Commission

Robert Angle & Brittanee Petrik

In the wake of the COVID-19 pandemic, the ITC was forced to suspend in-person hearings and halt its fast-paced schedules while it explored existing technological resources and reliable and secure options available for video conferencing that would protect parties' confidential business information (CBI).

Features

Patent Litigation Growth In 2020 Points to Sustained Activity In 2021 Image

Patent Litigation Growth In 2020 Points to Sustained Activity In 2021

Rob Maier

Despite the recession — or partly as a result of it — 2020 was also a year of growth for patent litigation in the United States. This article provides a look back at patent litigation filing statistics in recent years across district courts in the United States, with an eye toward current trends that in all likelihood will continue deep into 2021.

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