As patent practitioners know, Daubert motions can be some of the most hotly contested and pivotal motions in the life of a patent case. These motions are used to exclude testimony from an opponent's expert witness, usually on...more
An interview with Dan Callaway, Partner at Farella Braun + Martel by Richard Hsu...more
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
9/7/2023
/ America Invents Act ,
CLS Bank v Alice Corp ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Post-Grant Review ,
Proposed Legislation ,
SCOTUS ,
USPTO
Two proposed bills recently introduced in Congress have the potential to greatly impact the current patent litigation landscape. The bills are titled the Patent Eligibility Restoration Act of 2023 and the Promoting and...more
The Patent Trial and Appeal Board's 2020 Apple Inc. v. Fintiv Inc. decision established six factors that guide its discretionary denial of an inter partes review or post-grant review petition in view of a parallel court...more
The Patent Trial and Appeal Board (PTAB) recently designated two more opinions as “precedential” dealing with its discretion to reject petitions for inter partes review (IPR) or similar post-grant reviews. Under 35 U.S.C. §...more
A patent infringement case pending in front of the U.S. District Court for the District of Colorado has the potential to set an important precedent that will have ramifications for many of our clients in this space. In...more
On April 24, 2018, the same day that the Supreme Court upheld the constitutionality of inter partes review (IPR) challenges to issued patents in one decision (Oil States Energy Services v. Green’s Energy Group), it also...more
5/1/2018
/ America Invents Act ,
Appellate Review ,
Chevron Deference ,
Constitutional Challenges ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Oil States Energy Services v Greene's Energy Group ,
Partial Institution ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
SAS Institute Inc. v Iancu ,
SCOTUS
On April 24, 2018, the Supreme Court issued a decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC rejecting a Constitutional challenge to the inter partes review (IPR) procedure for challenging an issued...more
4/27/2018
/ America Invents Act ,
Article III ,
Constitutional Challenges ,
Inter Partes Review (IPR) Proceeding ,
Oil States Energy Services v Greene's Energy Group ,
Patent Infringement ,
Patent Invalidity ,
Patents ,
Private Property ,
Public Property ,
Public Rights Doctrine ,
Right to a Jury ,
SCOTUS ,
Separation of Powers ,
Seventh Amendment ,
Takings Clause
With cannabis legal in 29 states for medical use and in eight states for recreational use, there is a surge of entrepreneurism and an influx of capital into the rapidly expanding cannabis industry. Although cannabis remains a...more
11/17/2017
/ Decriminalization of Marijuana ,
Intellectual Property Protection ,
IP License ,
Marijuana ,
Marijuana Related Businesses ,
Patent Applications ,
Patent Examinations ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
Plant Patents ,
Prior Art ,
USPTO ,
Utility Patents
On June 20, 2016, the Supreme Court issued its opinion in Cuozzo Speed Technologies, LLC v. Lee, which unanimously upheld the “broadest reasonable construction” claim construction standard (BRI) used by the Patent Trial and...more
6/22/2016
/ Administrative Procedure Act ,
Administrative Proceedings ,
America Invents Act ,
Appeals ,
Broadest Reasonable Interpretation Standard ,
Chevron Deference ,
Claim Construction ,
Constitutional Challenges ,
Covered Business Method Proceedings ,
Cuozzo Speed Technologies v Lee ,
Final Judgment ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Phillips Standard ,
Post-Grant Review ,
SCOTUS ,
Standard of Review ,
USPTO
In Williamson v. Citrix Online, announced on June 16, the Court of Appeals for the Federal Circuit ruled in a partially en banc opinion that claims expressed in terms of functionality can be subject to statutory requirements...more