An August 2023 decision from the Federal Circuit Court of Appeals highlighted potential new fragilities in the patent portfolios of many industry giants, especially those in the pharmaceutical industry....more
Arthrex recently filed a(nother) certiorari petition with the Supreme Court, this time in Arthrex, Inc. v. Smith & Nephew, Inc., which has also been the subject of petitions from the U.S. government and Smith & Nephew. (This...more
For the Patent and Trial Appeal Board (“PTAB”), the Administrative Patent Judges (“APJs”) are appointed by the Secretary of Commerce in consultation with the Director of the United States Patent and Trademark Office. For an...more
The United States Supreme Court has been chipping away at patent rights for the past decade. The latest blow occurred on May 22, 2017, when the Court crippled the ability of patent holders to engage in forum shopping in TC...more
TC Heartland LLC v. Kraft Foods Group Brands LLC, Case No. 16-341 (May 22, 2017) In an 8-0 opinion written by Justice Thomas (Justice Gorsuch did not participate), the ?Supreme Court rules that a defendant “resides” for...more
In yet another unanimous intellectual property decision, the United States Supreme Court recently held in TC Heartland LLC v. Kraft Foods Group Brands LLC that “reside,” as used in the patent venue statute, 28 U.S.C. §...more