Say What? Are PTAB Judges Really 'Inferior Officers'?
April 01, 2021
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.
Synergizing Patents to Drive Innovation and Growth
April 01, 2021
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.
Equity In Broad and Flexible Fashion
April 01, 2021
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.
IP News
April 01, 2021
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.
Patent Litigation Growth In 2020 Points to Sustained Activity In 2021
March 01, 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.
Licensing Audits from Licensees' Perspective
March 01, 2021
The audit clause is a necessary means for the licensor to protect its interests and to guard against unscrupulous licensees. But it is a mistake to think that the clause is there solely to prevent malfeasance.
Copyright and Internet Content
March 01, 2021
Online publication impacts the duration of copyright protection among other purposes, including optimizing creative and ownership rights and the availability of statutory damages and attorney fees. Thus, it is important to determine when Internet distribution constitutes publication.