Features
Kean J. DeCarlo
New changes to rules for post-grant administrative trials before the Patent Trial and Appeal Board (PTAB) went into effect on May 2, 2016, after much public comment and gnashing of teeth. Among the plethora of rule changes that were announced, two in particular stand out as most substantive for both patent owners and their challengers.
Jonathan Moskin
The Supreme Court granted Samsung's request, in <i>Apple, Inc. v. Samsung,</i> for certiorari to consider whether Section 289 of the Patent Act requires an apportionment of profits for only the infringing feature(s) of the accused product, or instead contemplates profits for the entire product.
Columns & Departments
Howard J. Shire
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Daniel Shea
Federal Circuit: A Computer Database Logical Model Is Not an Abstract Idea If Directed At a Specific Implementation of a Solution to a Problem In the Software Arts <br>Federal Circuit: In Claim Construction Analysis, Plain Term Meanings and Presumption of Claim Differentiation Get Outweighed By Intrinsic Evidence and Prosecution History
Features
Harvey S. Kauget
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Ryan M. Corbett
Outside of the patent litigation world, most people have probably never heard of Marshall, TX. However, patent litigants often find themselves defending patent infringement suits in Marshall and other remote locations, even though the litigant has virtually no connection to that jurisdiction.
Features
Lisa Shuchman
President Barack Obama signed the Defend Trade Secrets Act of 2016 into law on May 11, giving companies the ability for the first time to use federal law to sue those who misappropriate their confidential information.
Features
Mark A. Finkelstein
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Meredith L. Williams
The amendments to the FRCP that took effect on Dec. 1, 2015, are already having an impact on IP litigation, especially patent troll lawsuits.
Features
Michael C. Lee
Corporate-sponsored research plays a crucial role in performing foundational research in new technology areas. These research projects are also mutually beneficial. Corporate sponsors receive a cost-effective opportunity to explore new technology areas with leading academics and talented students. In turn, universities benefit from Sponsors providing research funding and industry expertise.
Columns & Departments
Jeffrey S. Ginsberg
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Zhiqiang Liu
Federal Circuit Affirms District Court Decision Finding Claim Covering Method for Gene Detection Is Directed to Unpatentable Subject Matter <br>Federal Circuit: Estoppel Provision Does Not Apply To Any Grounds Raised in a Petition for IPR Where Such Grounds Are Denied and the IPR Has Proceeded To a Final Written Decision
Features
Ben Smiley
On Dec. 1, 2015, the latest amendments to the Federal Rules of Civil Procedure (FRCP) became effective. The amendments include significant changes to rules governing the discovery process, especially Rules 16 and 26. But they also include a significant change to the rules governing the very first filing in any patent infringement case.
Features
David Tellekson, Phil Decker
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Stefan Szpajda
Despite over 150 years of Supreme Court precedent, even the most basic precepts of patent exhaustion doctrine remain unsettled. In <i>Lexmark,</i> the United States Court of Appeals for the Federal Circuit grappled with the very foundations of the so-called "first sale" defense.
