Features

Not Your Property, Your Business: When Customized Products Become the Business of Rights Holders and Courts
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.
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IP News
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'?
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

Navigating Defamation Litigations Today
Tensions erupted both on and off the set of a Newsmax TV segment when MyPillow CEO Mike Lindell bolstered his claim of a rigged presidential election with…
Features

Implications of 'Amgen v. Sanofi' On the State of Enablement Law
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.
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Synergizing Patents to Drive Innovation and Growth
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

11th Circuit Rules for Stephen King In Suit Over Dark Tower Series
Vincent Cox of Ballard Spahr in Los Angeles and Scott Ponce of Holland & Knight in Miami prevailed recently in the U.S. Court of Appeals for the Eleventh…
Features

Equity In Broad and Flexible Fashion
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
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

Patent Litigation Growth In 2020 Points to Sustained Activity In 2021
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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