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The Intellectual Property Strategist

Features

Where Does Judge Gorsuch Fall on IP? Image

Where Does Judge Gorsuch Fall on IP?

Howard S. Hogan & Lucas C. Townsend

<b><i>The SCOTUS Nominee's Opinions Don't Appear to Favor Alleged Intellectual Property Infringers or Owners</b></i><br>Over the 10 years that he has served on the U.S. Court of Appeals for the Tenth Circuit, Gorsuch's decisions in intellectual property disputes have reflected a close attention to statutory text and a preference for narrow results that hew closely to precedent.

Columns & Departments

IP News Image

IP News

Jeffrey S. Ginsberg & Abhishek Bapna

Federal Circuit Affirms Grant of a Preliminary Injunction Despite PTAB's Final Written Decision<br>Federal Circuit: Proving Derivation Requires a Showing That All Limitations Were Conceived and Communicated

Features

How Much Did the Federal Circuit Narrow Eligibility for Covered Business Method Review? Image

How Much Did the Federal Circuit Narrow Eligibility for Covered Business Method Review?

Diek Van Nort & Matthew Kreeger

In November of last year, the Federal Circuit narrowed the types of patents eligible for covered business method review in <i>Unwired Planet, LLC v. Google Inc.</i> The court's decision narrowed what patents are eligible for CBM review, and provided some guidance for future cases.

Features

Amending Patent Claims in Post-Grant Trial Proceedings Image

Amending Patent Claims in Post-Grant Trial Proceedings

Cynthia Lambert Hardman

<b><i>What You Need to Know</i></b><br>The America Invents Act gave patent owners the right to move to amend their patent claims. To date, however, this right has been more illusory than real. Given their dismal success rate so far, many hope that the tide will turn in favor of granting more motions to amend.

Features

Copyright Challenge to 'We Shall Overcome' Proceeds Image

Copyright Challenge to 'We Shall Overcome' Proceeds

Kyle-Beth Hilfer

As 2017 commences, political protest against injustice is as relevant as ever in the United States. At the same time, a lawsuit concerning the copyright rights to the powerful anthem We Shall Overcome may proceed to trial. In November 2016, the case survived a motion to dismiss the copyright infringement claims.

Features

Joint Infringement Post-Akamai: Understanding the Impact on Prosecution and Litigation Strategies<br><font size="-1"><b><i>Part 2: Decisions Since</i> Akamai <i>and Practice Insights</b></i></font> Image

Joint Infringement Post-Akamai: Understanding the Impact on Prosecution and Litigation Strategies<br><font size="-1"><b><i>Part 2: Decisions Since</i> Akamai <i>and Practice Insights</b></i></font>

Matthew Becker, Norman F. Hainer Jr. & David K. Ludwig

Reviews the recent Federal Circuit <i>Eli Lilly</i> case as well as district court cases that have interpreted the new standard and identifies prosecution and litigation strategies for practicing post-<i>Akamai</i><p>

Features

Joint Infringement Post-Akamai: Understanding the Impact on Prosecution and Litigation Strategies Image

Joint Infringement Post-Akamai: Understanding the Impact on Prosecution and Litigation Strategies

Matthew Becker, Norman F. Hainer Jr. & David K. Ludwig

This two-part article aims to deconstruct the new joint infringement standard, provide insight into how the standard might be interpreted and provide practice tips for prosecution and litigation. Part 1 chronicles the <i>Akamai</i> cases that ultimately resulted in a new standard for joint infringement and explores the potential interpretations of that standard.

Features

Supreme Court Rules on Design Patent Damages<br><i>Samsung Electronics Co. Ltd. et al. v. Apple Inc.</i> Image

Supreme Court Rules on Design Patent Damages<br><i>Samsung Electronics Co. Ltd. et al. v. Apple Inc.</i>

Brendan Mee & Nathan Renov

On Dec. 6, 2016, the U.S. Supreme Court threw out a damages award of $399 million that Apple won against Samsung in an ongoing design patent dispute.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & Hui Li

Federal Circuit: PTAB Used Overly Broad CBM Patent Standard<br>Federal Circuit: PTAB Patent Invalidation Vacated over Erroneous Invention Conception Date

Features

<b><i>BREAKING NEWS</b></i><br>Supreme Court Agrees to Hear Blockbuster Patent Venue Case Image

<b><i>BREAKING NEWS</b></i><br>Supreme Court Agrees to Hear Blockbuster Patent Venue Case

Jan Wolfe

In a win for the tech industry, the U.S. Supreme Court agreed on Dec. 14 to hear a case that could move patent cases out of the Eastern District of Texas.

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