Castle Defense
April 02, 2015
In Part One, last month, the authors examined the Federal Circuit's <i>VirnetX</i> decision affirming lower courts' role as gatekeepers for expert testimony. The discussion continues herein.
ABI Bankruptcy Reform
April 02, 2015
The ABI Commission recently recommended decimating the concept of adequate protection for cash flow lenders and protecting their interest only to the extent of foreclosure value. According to the authors, this recommendation has no regard for the fact that cash flow loans are predicated on a sale of the business as a going concern or the practical difficulty in attempting to choose a value based on a hypothetical sale.
Federal Circuit Clarifies the Limits Of Patent Exhaustion
April 02, 2015
The Federal Circuit recently clarified the limits of patent exhaustion as it applies to "authorized acquirers" and "complementary goods," holding that authorized sales to persons practicing handset claims did not exhaust a patent owner's rights to enforce distinct but related content claims against defendant content providers who manage and deliver content to handset users.
The Case for the GC
April 02, 2015
In a time of increasing regulatory risk, global complexity and shareholder activism, the role of the corporate general counsel in the boardroom has never been more important. Yet, companies have been slow to recruit general counsels or seasoned attorneys to serve as independent directors.
IP News
April 02, 2015
Supreme Court: Findings on Likelihood of Confusion by TTAB <br>Federal Circuit: Actual Delay Not Required For Reducing Patent Term Adjustment<br>Federal Circuit: No Lost Profits for Related Unpatented Products
Castle Defense
February 28, 2015
The battle over expert testimony on patent damages harkens back to the middle ages when would-be attackers developed new strategies for laying siege to a castle, defensive counter-measures were developed to thwart those siege tactics. As plaintiffs have introduced expert testimony based on novel patent damages theories, defendants have asked courts to fulfill their gatekeeping role by preventing certain types of expert testimony from reaching the jury.
With Highly Anticipated Copyright Decision, The AutoHop Litigation Is Coming to a Close
February 28, 2015
In 2012, DISH Network announced two novel product offerings that would result in considerable backlash from the four major broadcast television networks and set in motion a three-year, wide-ranging, multi-front battle with the networks. As the dust now begins to settle, the copyright litigation has resulted in important precedents that will help define the boundaries under the Copyright Act for the multi-channel programming distribution industry.
IP News
February 28, 2015
Federal Circuit: Application by PTAB of Broadest Reasonable Interpretation Standard in Claim Construction Upheld Under the AIA
The New Hybrid Standard for Appellate Review in Claim Construction
February 28, 2015
The Federal Circuit has long maintained that it is entitled to review a claim construction decision <i>de novo</i>, without deference to the district court. Over the years, this approach has led to a notably high reversal rate of district court claim construction decisions. This "two bites at the apple" approach remained controversial, and on Jan. 20, 2015, the Supreme Court rejected this blanket policy of <i>de novo</i> review in favor of a hybrid approach.
