Features
James A. Trigg
&
Chris Bussert
<b><i>Supreme Court Grants Cert to Resolve Circuit Split on Registration Prerequisite for Filing Suit under Copyright Act</b></i><p>Although the term “registration” as used in the Section 411(a) of the Copyright Act does not immediately appear to be ambiguous, courts have reached differing conclusions as to its meaning.
Columns & Departments
Howard Shire
&
Adam Fisher
Federal Circuit Holds That Tribal Sovereign Immunity Cannot Be Asserted in IPR Proceedings<br>Citing 'Steep Burden' on Plaintiffs, Federal Circuit Denies Use of 'Entire Market Value Rule' in Cases Involving Multicomponent Products
Features
Brian Kramer
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Kevin T. Kwon
<b><i>In re: HTC Corporation</b></i><p>The Federal Circuit recently addressed motions to transfer and drew a distinction between motions based upon the convenience of parties and witnesses and those for improper venue. It also clarified that the Supreme Court's recent decision in <i>TC Heartland</i> did not supplant the long-standing rule that venue laws do not protect foreign defendants.
Features
Nina Cunningham
Ostensibly, GDPR's mission is to strengthen and unify the EU's protection of online privacy rights and promote data protection for citizens of the 28 countries currently in the EU. In the global economy, however, GDPR serves as an alarm to all countries with business flowing across Europe and well beyond. Where business flows, data follow.
Columns & Departments
Jeff Ginsberg
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Zhiqiang Liu
A Split Federal Circuit Panel Finds That Petitioner Has Standing to Challenge PTAB's Final Written Decision and That Petitioner Properly Submitted Evidence on Reply<br>Federal Circuit Rejects Patent Owner's Time-Bar Defense Based on Privity<br>Federal Circuit Finds That District Court May Rely on a Ground Not Raised by Any Party in Granting a Motion for Summary Judgment of Invalidity
Features
Richard Hung
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Rachel Silverman Dolphin
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
Athul K. Acharya
<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
Aaron Cohn
<b><i>Many Courts Have Determined that AdWords Bidding Alone Does Not Create Sufficient Consumer Confusion to Support Trademark Infringement Claims</b></i><p>As Internet searching continues its rapid migration to mobile and inadvertent infringement becomes inevitable, the courts are likely to see an increase of litigation in this area.
Columns & Departments
Howard Shire
&
Adam B. Fischer
Federal Circuit Holds USPTO Can Defend PTAB Decision After Original Petitioner Drops Out<br>Federal Circuit Says <i>Alice</i> Not Intervening Change
Features
Nathan D. Renov
On March 27, 2018, in <i>Oracle America, Inc. v. Google LLC</i>, the Federal Circuit overturned a jury verdict in favor of Google from the U.S. District Court for the Northern District of California. In doing so, the court revived Oracle's claim that Google's use of Oracle's open-source Java language code did not constitute “fair use.”
