IP News
October 01, 2018
Federal Circuit: IPR Petitioner Always Retains Burden of Establishing Timeliness<br>Federal Circuit: Framework for 'Overlapping Cases' Applies in IPR
Patent Eligibility of User Interfaces
September 01, 2018
<b><i>Advances in UI Design Can Provide Key Competitive Differentiation and Advantage, Which Makes Protecting Them Critically Important from a Business Perspective</b></i><p>Advances in UI design can also provide key competitive differentiation and advantage, helping to distinguish otherwise commoditized products and services such as computers, Web services, wearables, and appliances. Given this advantage, protecting advances in UI design can also be critically important from a business perspective.
IP News
September 01, 2018
Federal Circuit Remands for Further Proceedings to Determine Whether RPX's Petitions for IPR Were Time Barred For Failing to Identify Its Client As a 'Real Party in Interest'<br>Federal Circuit Holds that Common Law Tribal Sovereign Immunity Cannot Shield a Patent in IPR Proceedings,br>Federal Circuit Holds that an Unsuccessful IPR Petitioner Must Show 'Concrete Plans' for Future Potentially-Infringing Activity in Order to Demonstrate Article III Standing to Appeal PTAB's IPR Decision
Foreign Lost Profits Recoverable for Patent Damages
August 01, 2018
The U.S. Supreme Court recently held that a patent owner may recover lost foreign profits for infringement under 35 U.S.C. §271(f)(2). The holding in <i>WesternGeco LLC v. ION Geophysical</i> rejects the Federal Circuit's categorical exclusion of lost profits damages for foreign sales, and expands the potential for increased damages from domestic competitors operating in foreign markets.
Supreme Court to Review Post-AIA On-Sale Bar
August 01, 2018
The U.S. Supreme Court agreed to consider a question raised by Helsinn Healthcare: whether, under the Leahy-Smith America Invents Act (AIA) an inventor's sale of an invention to a third party that is obligated to keep the invention confidential qualifies as prior art for purposes of determining the patentability of the invention.
“Registration” Means “Registration” … Or Does It?
August 01, 2018
<b><i>Supreme Court Grants Cert to Resolve Circuit Split on Registration Prerequisite for Filing Suit under Copyright Act</b></i><p>Although the term “registration” as used in the Section 411(a) of the Copyright Act does not immediately appear to be ambiguous, courts have reached differing conclusions as to its meaning.
IP News
August 01, 2018
Federal Circuit Holds That Tribal Sovereign Immunity Cannot Be Asserted in IPR Proceedings<br>Citing 'Steep Burden' on Plaintiffs, Federal Circuit Denies Use of 'Entire Market Value Rule' in Cases Involving Multicomponent Products
Affirmation of the Alien Venue Rule
July 01, 2018
<b><i>In re: HTC Corporation</b></i><p>The Federal Circuit recently addressed motions to transfer and drew a distinction between motions based upon the convenience of parties and witnesses and those for improper venue. It also clarified that the Supreme Court's recent decision in <i>TC Heartland</i> did not supplant the long-standing rule that venue laws do not protect foreign defendants.
General Data Protection Regulation: Defense or Offense?
July 01, 2018
Ostensibly, GDPR's mission is to strengthen and unify the EU's protection of online privacy rights and promote data protection for citizens of the 28 countries currently in the EU. In the global economy, however, GDPR serves as an alarm to all countries with business flowing across Europe and well beyond. Where business flows, data follow.
