News & Analysis as of

HTC

DarrowEverett LLP

Key Questions When Determining Eligibility for State Historic Tax Credits

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Real estate developers have long had ample reasons to take on projects involving historic buildings, courtesy of Section 47 of the Internal Revenue Code of 1986. As amended, Section 47 (the “Code”) provides for a...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Affirms ITC Ruling Finding Patents Not Essential to LTE Standard

In INVT SPE LLC v. ITC, the Federal Circuit affirmed an International Trade Commission (ITC) decision that held INVT’s patent claims were not essential to the LTE cellular communications standard. According to the court, INVT...more

Greenbaum, Rowe, Smith & Davis LLP

The New Jersey Economic Recovery Act of 2020: An Overview Of The New Jersey Historic Property Reinvestment Program

The New Jersey Economic Recovery Act of 2020, a seven-year, $14 billion package of incentive programs intended to encourage New Jersey job growth, property development and redevelopment, community partnerships, and numerous...more

BakerHostetler

Proposed Regulations Clarify Application of New ‘Ratable Share' Recognition Period for Federal Historic Rehabilitation Tax Credit

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On May 21, 2020, the Department of the Treasury (Treasury) released proposed regulations (the proposed regulations)* regarding the new five-year credit period for the historic rehabilitation tax credit (HTC) under Section 47...more

McDermott Will & Emery

PTAB Designates Two Opinions Precedential and One Opinion Informative, Further Clarifying the Scope of the Board’s Discretion...

Addressing the scope of the Patent Trial and Appeal Board’s (“Board”) discretion under 35 U.S.C. § 325(d) to deny institution, the Board designated three opinions as precedential or informative. Precedential Opinions: In...more

McDermott Will & Emery

That IPR Could Have Been Your IPR: PTAB Denies Institution of Serial Petition Filed by Different Party

Addressing the scope of its discretion to institute or deny a petition under 35 USC §§ 314(a) and 325(d), the Patent Trial and Appeal Board (PTAB) designated as precedential two recent decisions denying institution of inter...more

Mintz - Intellectual Property Viewpoints

Score This One in Favor of Standard-Essential Patent Owners: Recent Decision Makes Satisfying FRAND Obligations Easier

A recent decision in the Eastern District of Texas should provide standard-essential patent (“SEP”) owners with more clarity and optimism when negotiating SEP licenses. Coming on the heels of Judge Koh’s decision in the FTC’s...more

Bass, Berry & Sims PLC

USPTO Issues Two Precedential Decisions Relating to the PTAB’s Discretion to Deny Institution

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Following the United States Patent and Trademark Office’s (USPTO) recent wave of decisions designated precedential or informative, the USPTO added two more decisions to the list last week: Valve Corp. v. Elec. Scripting...more

Knobbe Martens

PTAB Designates as Precedential Decision Exercising 314(A) Discretion to Deny Institution of Follow-On Petition Filed by a...

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Summary: The General Plastic factors used to determine whether the PTAB will exercise its discretion to deny a follow-on IPR petition can weigh against institution even if the follow-on petition is filed by a different party....more

McDermott Will & Emery

Federal Jury Finds that Ericsson’s Licensing Offer to HTC is FRAND

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On February 15, a Texas federal jury found that Ericsson did not breach its obligation to offer HTC licenses to its standard-essential patents (SEPs) on fair, reasonable and non-discriminatory (FRAND) terms. The verdict ended...more

Polsinelli

Federal Circuit Continues to Develop Patent Venue Law with Recent Trio of Decisions

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The Federal Circuit issued a trio of decisions this month further clarifying the application of the patent venue statute in the post-TC Heartland era. ...more

Carlton Fields

If Your Employment Agreements Use This One Word, Ownership of Your Patents May Be in Jeopardy

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What is the difference between an employment agreement that says “I hereby assign inventions I create during my employment to my employer,” and one that says “I will assign inventions I create during my employment to my...more

Bradley Arant Boult Cummings LLP

Don’t Just Agree to Transfer Patent Rights—Do It!

Patent owners and employers: Pay attention to the words in assignment and employment agreements that transfer patent ownership to you. A recent Federal Circuit case once again emphasizes the need to use particular language to...more

Butler Snow LLP

Tax Cuts & Jobs Act – Impact on Tax Credits

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The U.S. House and Senate have now each passed the Tax Cuts and Jobs Act (H.R.1) and have sent the bill to President Trump’s desk for final passage. The final bill is expected to cost nearly $1.5 trillion over the next ten...more

Bradley Arant Boult Cummings LLP

Impact of “Tax Cuts and Jobs Act” on Important Federal Tax Credits

The “Tax Cuts and Jobs Act” (the Act) has passed both chambers of Congress and is expected to be signed by President Trump on or before January 3, 2018. The final agreement among House and Senate Republicans includes rate...more

Holland & Knight LLP

West Coast Real Estate Update: November 2016 #2

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California Appellate Court Overturns “Sham Guaranty” Defense - The single-purpose entity (SPE) has become a ubiquitous tool in commercial real estate acquisitions and financing in California. Lenders increasingly require...more

Ladas & Parry LLP

Federal Circuit Saves 10k Patents By Reversing District Court Decision In Immersion Corp V HTC

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On Tuesday, June 22, in the case of Immersion Corporation v. HTC, The Federal Circuit on appeal reversed a decision by the Delaware district court, which had held a patent granted on a continuation application to be invalid...more

Foley & Lardner LLP

CAFC Upholds Same Day Continuation Applications

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The Federal Circuit decided not to disturb the “longstanding administrative construction” of 35 USC § 120 that permits the filing of a continuation application on the same day its parent application grants as a patent. The...more

Faegre Drinker Biddle & Reath LLP

Federal Circuit May Invalidate 30,000 Patents in Immersion v. HTC

Procrastinating patent prosecution attorneys took notice when Delaware District Court Judge Richard G. Andrews threw out the longstanding accepted practice that a continuation application may be filed on the issue date of a...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2015: #16 to #20

After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - January 2015 #3

FEDERAL CIRCUIT CASES - Akin Gump Wins Summary Judgment of Non-Infringement - Akin Gump obtained a significant victory on summary judgment for HTC and AT&T in a patent infringement case against Adaptix, Inc., an...more

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