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Features

USPTO Continues to Demand Attorneys' Fees for District Court Appeals Image

USPTO Continues to Demand Attorneys' Fees for District Court Appeals

Judith L. Grubner

Starting in 2013, the USPTO has been requesting reimbursement for the time spent by its attorneys and paralegals on district court challenges to PTAB and TTAB decisions.

Features

What 'Originalist' Viewpoints May Mean for Patent Law Image

What 'Originalist' Viewpoints May Mean for Patent Law

Gerald B. Halt Jr. & Bradley M. Brown

The landscape for patent law has changed more quickly over the last five years than it had in preceding decades. Recent cases have profoundly changed the way courts and the USPTO treat patents and patent applications. The U.S. Supreme Court will have ample opportunity, if it chooses, to revisit the issues that have been raised by these cases over the next few terms.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg, Hui Li & Zhiqiang Liu

District Court's Decision Retroactively Excusing Failure to Mark Patented Products Vacated By Federal Circuit<br>Federal Circuit Affirms PTAB's Unpatentability Findings Made In an IPR Proceeding Despite Prior Judicial Opinions Upholding Validity

Features

Supreme Court May Preserve EDTX Grip on Patent Cases Image

Supreme Court May Preserve EDTX Grip on Patent Cases

Tony Mauro

The U.S. Supreme Court did not appear eager to upset the patent litigation landscape by drastically limiting where infringement lawsuits can be filed.

Features

Supreme Court Ends Laches Defense in Patent Cases Image

Supreme Court Ends Laches Defense in Patent Cases

Scott Graham

<b><i>SCA Hygiene Products v. First Quality Baby Products</i></b><p>The U.S. Supreme Court on March 21 ruled laches is not a defense to patent infringement suits that are brought within the Patent Act's limitations period.

Features

Supreme Court Limits Patent Liability for Component Makers in Global Supply Chain Image

Supreme Court Limits Patent Liability for Component Makers in Global Supply Chain

Scott Graham

<b><i>Life Technologies v. Promega</b></i><br>In a decision that should please American manufacturers that feed into the global supply chain, the U.S. Supreme Court has narrowly interpreted a 33-year-old law that imposes patent liability on components made in the U.S. for assembly overseas.

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

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.

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