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 Promoting and Respecting Economically Vital American Innovation...more
In this Upside episode, Farella intellectual property litigation partners Jim Day and Erik Olson explore developing and monetizing intellectual property assets of a portfolio company. How does a new company go about...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
In 2012, Congress created a new procedure that allows the U.S. Patent and Trademark Office to conduct a litigation-like procedure to review and potentially cancel patents. This procedure - inter partes review (“IPR”) - has...more
7/25/2018
/ America Invents Act ,
Article III ,
Claim Construction ,
Constitutional Challenges ,
Due Process ,
Inter Partes Review (IPR) Proceeding ,
Oil States Energy Services v Greene's Energy Group ,
Patents ,
Private Property ,
Public Property ,
Public Rights Doctrine ,
SCOTUS ,
Separation of Powers ,
Seventh Amendment ,
Takings Clause ,
USPTO
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
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
On June 13, 2016, the Supreme Court issued a unanimous opinion in two consolidated cases (Halo Electronics v. Pulse Electronics and Stryker Corp. v. Zimmer) effectively lowering the standard for obtaining enhanced damages in...more
6/20/2016
/ 35 U.S.C. § 284 ,
Abuse of Discretion ,
Corporate Counsel ,
Enhanced Damages ,
Halo v Pulse ,
Judicial Discretion ,
Patent Infringement ,
Patents ,
Preponderance of the Evidence ,
SCOTUS ,
Seagate ,
Standard of Proof ,
Standard of Review ,
Stryker v Zimmer ,
Willful Infringement ,
Young Lawyers
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
On January 20, 2015, the Supreme Court issued its opinion in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. (Case No. 13-854), which changed the level of deference the Federal Circuit must show to district court claim...more