Features
Qualcomm Inc. lost two pretrial skirmishes last month in its patent and antitrust battle against Apple Inc. — in just about every way imaginable.
Features
Susan Perng Pan
U.S. Patent Office statistics show that the PTAB has found at least one claim of a challenged patent to be unpatentable in over 80% of IPRs. Given these odds, and the fact that institution of an IPR is not appealable, a patent owner's best shot at preserving its patent rights intact is to defeat institution of the IPR trial in the first instance.
Features
Zach Warren
<b><i>With Massive Jury Rewards and the DTSA Encouraging Federal Litigation, Trade Secrets Litigation Is Seeing a Surge in the Tech Industry</b></i><p>These days, many of the big IP litigation battles involving companies like Facebook, Uber, and Epic, have nothing to do with patents, trademarks or copyrights at all. Instead, it's all about the perhaps forgotten part of IP: trade secrets.
Columns & Departments
Howard J. Shire
Federal Circuit Throws Out District Court's Test for “Place of Business” for Purposes of Determining Venue in Patent Cases
Features
Louis L. Touton, Steven J. Corr
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Nickou Oskoui
<b><i>Strategies to Defend Against Patent Claims by Raising Lack of Patentable Subject Matter in District Court Litigation</b></i><p>With the Supreme Court's decision in <i>Alice</i>, parties defending against a claim of patent infringement gained a potential way to find an early resolution to patent litigation.
Features
Nicholas J. Boyle
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Richard A. Olderman
<b><i>The Lessons of History</b></i><p>In the context of a copyright case, a defendant's prior bad acts and prior conduct are more useful to a plaintiff than is typical in civil litigation.
Columns & Departments
Jeff Ginsberg
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Dorothy LeRay
Fed. Cir. Vacates Lack of Written Description Ruling In Interference<br>Federal Circuit Vacates Unclear Application of “Causal Nexus” Requirement to Prove Irreparable Harm
Features
Theodore H. Davis Jr.
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Samuel T. Kilb
In <i>Matal v. Tam,</i> the SCOTUS held that a portion of Section 2(a) of the Lanham Act, 15 U.S.C. §1052(a), prohibiting the federal registration of potentially disparaging trademarks and service marks, violated the Free Speech Clause of the First Amendment.
Features
J. Alexander Lawrence
The Supreme Court sparked a seismic shift in patent litigation recently when it upset the long-standing interpretation of 28 U.S.C. §1400(b), the special patent venue statute. TC Heartland held that for the purposes of patent venue, the meaning of "resides" in Section 1400(b) is not supplemented by the broad definition of "resides" in the general venue provision, 28 U.S.C. §1391.
Features
Kyle-Beth Hilfer
The Third Circuit has adopted McCarthy's "ownership" test in determining whether a manufacturer or distributor owns a trademark in the absence of an express agreement between the parties.
