News & Analysis as of September 17, 2024

Patent Infringement

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The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition. less -

Federal Circuit Review | August 2024

Knobbe Martens on 9/10/2024

Specify the Steps of Information Manipulation or Lose under § 101 - In Mobile Acuity Ltd. v. Blippar Ltd. Appeal No. 22-2216, the Federal Circuit held that patent claims that merely recite result-orientated, functional...more

Federal Circuit Patent Watch: Ordering In-Person Appearance to Testify Regarding Potential Fraud on the Court is within Court's...

WilmerHale on 7/30/2024

Precedential and Key Federal Circuit Opinions - 1. BACKERTOP LICENSING LLC [OPINION] (23-2367, 23-2368, 24-1016, 24-1017 Prost, Hughes, and Stoll) - Hughes, J. The Court affirmed the District Court’s orders (1)...more

The PREVAIL Act and the Patent Eligibility Restoration Act: Summary of Proposed 2023 Legislative Reforms to the U.S. Patent System

Dunlap Bennett & Ludwig PLLC on 10/31/2023

A bipartisan group of senators introduced two new bills this year to address prevailing issues with the U.S. patent system. This article summarizes the key aspects of each bill and analyzes the potential consequences....more

What Patent Bills Would Mean for Infringement Litigation

Farella Braun + Martel LLP on 9/7/2023

Two bills recently introduced in Congress could significantly affect the current patent litigation landscape. The bipartisan bills are titled the Patent Eligibility Restoration Act of 2023 and the Promoting and Respecting...more

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/8/2023

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Nota Bene Episode 99: Unpacking the Pendulum of American Patent Policy Then, Now, and Forward with Rob Masters

Sheppard Mullin Richter & Hampton LLP on 10/6/2020

As we pivot into the next generation of technology for the 21st century, we’re taking a look at the only intellectual property rights to be mentioned in the U.S. Constitution – patents. We’re joined by Rob Masters to explore...more

Issue Twenty-Nine: PTAB Trial Tracker

Goodwin on 8/28/2020

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

USPTO Addresses Filing Delays Caused by the Impact of COVID-19

Seyfarth Shaw LLP on 4/2/2020

While much of the focus of the Coronavirus Aid, Relief, and Economic Security (CARES) Act relates to economic stimulus, the Act also granted temporary authorization to the Director of the United States Patent and Trademark...more

PTAB - 2019 Year in Review

Foley & Lardner LLP on 1/23/2020

To wrap up 2019 and usher in 2020 for practitioners who handle Patent Trial and Appeal Board (PTAB) matters, Foley partners Jeanne Gills, Steve Maebius, and George Quillin discussed 2019’s major developments in a webinar on...more

Key Patent Decisions of 2019

Jones Day on 1/15/2020

In another noteworthy year for patent law, the U.S. Supreme Court and the Federal Circuit issued several decisions that altered the patent landscape, including three Supreme Court decisions. The topics of the key cases...more

PTAB Bar Association – Thought Leader Summit Recap

Jones Day on 12/19/2019

In November, the PTAB Bar Association held its annual Thought Leader Summit. The Summit highlighted recent changes to PTAB practice, with a keynote address from USPTO Director Andrei Iancu. In the opening remarks, Director...more

Patent Case Summaries

Alston & Bird on 8/8/2019

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board....more

PTAB Strategies and Insights - September 2018: Best Strategies for ITC Respondents When Considering a PTAB Action

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/26/2018

When faced with allegations of patent infringement at the International Trade Commission (ITC), a respondent must quickly evaluate whether or not to request an AIA review (hereinafter, inter partes review for convenience) at...more

Standard Essential Patent Update – August 2018

Hogan Lovells on 9/14/2018

In the August 2018 edition of Hogan Lovells’ Standard Essential Patent (SEP) Update, we report on recent news and case decisions from China, Germany, the United Kingdom, and the United States. This bi-monthly newsletter...more

U.S. + Germany Patent Update – July 2018

Hogan Lovells on 7/23/2018

The prominent state of patent litigation in the United States and Germany is due not only to the size of its markets, but also to a recent increase in hearings before the U.S. International Trade Commission and the Patent...more

Key Patent Decisions of 2017

Jones Day on 2/12/2018

In another noteworthy year for patent law, the U.S. Supreme Court and Federal Circuit issued a number of decisions that altered the patent landscape, including four Supreme Court decisions. The topics of the key cases...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Schwabe, Williamson & Wyatt PC on 5/10/2017

In Nichia the Circuit affirms the denial of a permanent injunction because Nichia failed to prove irreparable injury. In RecogniCorp the panel throws out as not being directed to patentable subject matter claims directed to...more

Will Courts Consider Evidence of Patent Eligibility?

Knobbe Martens on 5/3/2017

Patent enforcement by Texas-based DataTreasury Corp. (“DataTreasury”) was a key motivation for the creation of Covered Business Method Review (“CBM”) proceedings. Senator Charles Schumer of New York, referring to...more

[Webinar] Best Patent Practices in a Transforming Environment | Part I: Evolving Strategies for Patent Procurement - Feb. 22nd,...

Robins Kaplan LLP on 2/7/2017

Today’s patent practice is rapidly transforming. The practice is undergoing sea changes in patent eligibility, enforcement strategies, and damages. Now more than ever, innovative companies need to adopt best practices to...more

Patent Rights in the U.S.: Is the Pendulum Finally Swinging Back to Center?

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/30/2016

The U.S. patent system has long struggled to strike a balance that both encourages patent rights and prevents patent abuse. Finding that balance requires giving patent owners the right amount of patent enforcement power,...more

Q&A from Webinar on Top Patent Law Stories of 2015

McDonnell Boehnen Hulbert & Berghoff LLP on 1/22/2016

Earlier today, we presented a live webinar on the "Top Patent Law Stories of 2015." The webinar covered seven of the twenty stories that made it onto Patent Docs ninth annual list of top patent stories. The seven stories...more

Intellectual Property Law - December 2015

Manatt, Phelps & Phillips, LLP on 12/23/2015

Down the Rabbit Hole: Trends in Software Patent Court Decisions Post-Alice - Why it matters: In Alice Corp. v. CLS Bank, the U.S. Supreme Court held that claims for a computer-based software method for reducing...more

PTAB Continues to Evolve Its Covered Business Method Patent Jurisprudence - International Internet Technologies, LLC and Red Rock...

McDermott Will & Emery on 10/7/2015

In two related decisions, the Patent Trial and Appeal Board (PTAB or Board) determined that patents directed to a personal computer interactive lottery/casino type game that allows players to purchase game tickets in the form...more

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Bioindustry Association

McDonnell Boehnen Hulbert & Berghoff LLP on 9/21/2015

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

Inter Partes Review Proceedings: A Third Anniversary Report

Perkins Coie on 9/18/2015

When inter partes review (IPR) proceedings became effective in September 2012, few people would have predicted the transformative effect it would have on patents and the litigation landscape. Three years in, IPR has become...more

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