COVID-19 has taken an unprecedented toll on the United States and the world at large. It has impacted nearly every facet of both professional and personal life and, with that, the patent landscape, too—especially as it...more
Shearman & Sterling’s IP litigation team has published its latest newsletter. The newsletter addresses a number of current IP topics, ranging from the constitutionality and judicial reviewability of inter partes review to...more
1/12/2018
/ CAFC ,
Constitutional Challenges ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Lanham Act ,
Oil States Energy Services v Greene's Energy Group ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
USPTO
At first glance, the development of Section 101 jurisprudence appears chaotic. The Supreme Court captured several different kinds of problems in Alice and its earlier patentable-subject-matter opinions, and the Federal...more
Shearman & Sterling’s IP litigation team has published its quarterly newsletter. The newsletter covers a wide range of current IP topics: the Supreme Court’s TC Heartland patent-venue decision, the constitutionality of inter...more
6/22/2017
/ Abuse of Discretion ,
America Invents Act ,
Attorney's Fees ,
Covered Business Method Patents ,
Disparagement ,
Estoppel ,
First Amendment ,
Inter Partes Review (IPR) Proceeding ,
Oil States Energy Services v Greene's Energy Group ,
On-Sale Bar ,
Patent Expiration ,
Patent Litigation ,
Patents ,
SCOTUS ,
TC Heartland LLC v Kraft Foods
Shearman & Sterling’s IP litigation team has published its quarterly newsletter. The newsletter covers a wide range of current IP topics: updated predictions on patent policy under the Trump administration; recent happenings...more
3/13/2017
/ Apple v Samsung ,
Certiorari ,
Component Parts Doctrine ,
Covered Business Method Patents ,
Design Patent ,
Estoppel ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Patents ,
Remand ,
TC Heartland LLC v Kraft Foods ,
Trump Administration
Earlier this year, the Shearman patent litigation team published an article predicting patent policy under the Trump Administration.[1] To briefly recap that article: President Trump has given few indications about where he...more
The America Invents Act (“AIA”), signed into law by President Obama on September 16, 2011, was the biggest legislative overhaul to the United States patent system since the Patent Act of 1952. Among other changes, the AIA...more
Patent Venue at the Supreme Court -
If TC Heartland has its way, patent venue law is about to fundamentally change.
Factual Background -
Kraft sued TC Heartland, a limited liability company organized...more
Shearman & Sterling’s IP litigation team has published its quarterly newsletter. The newsletter covers a number of current IP topics, including a look at the America Invents Act, five years in; the U.S. International Trade...more
8/22/2016
/ America Invents Act ,
Claim Construction ,
En Banc Review ,
Enhanced Damages ,
Federal Rules of Civil Procedure ,
Halo v Pulse ,
Hospira ,
International Trade Commission (ITC) ,
Patent Litigation ,
Pharmaceutical Patents ,
Seagate ,
Twombly/Iqbal Pleading Standard ,
Willful Infringement
On June 20, 2016, the U.S. Supreme Court released its much-anticipated decision in Cuozzo Speed Technologies, LLC v. Lee, the first Supreme Court case to pass upon the post-grant patent review procedures created by the...more
On June 13, 2016, the Supreme Court eliminated the rigid test for enhanced damages that the Federal Circuit had erected in In re Seagate Technology LLC. The Supreme Court held that, under 35 U.S.C. 284, district courts have...more
6/15/2016
/ 35 U.S.C. § 284 ,
Abuse of Discretion ,
Enhanced Damages ,
Halo v Pulse ,
Judicial Discretion ,
Patent Infringement ,
Preponderance of the Evidence ,
SCOTUS ,
Seagate ,
Stryker v Zimmer ,
Willful Infringement
Shearman & Sterling’s IP litigation team has published its first quarterly newsletter. The newsletter covers a number of current IP topics, including details about soon-to-be enacted federal trade secret legislation, pending...more