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Reshaped IPR Landscape: Narrower Estoppel and Fewer New Cases

Key Takeaways - - A recent Federal Circuit decision in a case involving an inter partes review (IPR) significantly narrowed a patentee’s ability to rely on estoppel to block a defendant from raising invalidity grounds. -...more

Supreme Court Declines Certiorari Review in Cellect

On October 7, 2024, the Supreme Court declined to hear Cellect LLC v. Vidal, No. 23-1231. The case has been followed closely by patent professionals ever since the Federal Circuit upended the judicially-created doctrine of...more

Patent Term Adjustment and ODP: USPTO Defends Federal Circuit's Cellect Decision

In December 2021, patent practice was upended by four related United States Patent and Trademark Office (USPTO) Patent Trial & Appeal Board (PTAB) decisions holding that patents subject to statutory Patent Term Adjustment...more

Climate Law Matters Newsletter: Energy & Climate Newsletter - June 2024

In This Issue: Battery and Energy Storage Systems - 2023 was a banner year for energy storage in the United States. Statistics reported by Wood Mackenzie show that in 2023 alone, energy storage deployment across all...more

Battery Technologies: Where Are We Now, and Where Are We Going?

Achieving climate goals will require significant capital investment into the development and scaling of improved battery technologies. The Inflation Reduction Act (IRA), enacted in August 2022, allocated billions of dollars...more

In Re Cellect: What’s The Issue and What to Expect

What Congress has guaranteed, the courts have taken away - The Supreme Court is about to receive a Petition for Certiorari in a case that impacts how long a patent protects new inventions, we expect. Specifically, the case...more

$100 Million in Funding for Pilot-Scale Testing of CO2 Removal Technologies Available from DOE Through Its Carbon Negative Shots...

The US Department of Energy (DOE) is providing $100 million in funding to develop commercially viable carbon dioxide removal technologies through the Office of Fossil Energy and Carbon Management’s Carbon Negative Shots Pilot...more

Milan: Where Life Sciences Patents Are Now in Fashion

As of June 2024, Milan will begin hearing cases regarding patents classified in IPC Section (A), which includes pharmaceuticals. Milan will have competence to hear revocation actions, as well as actions for declaration of...more

$300 Million in Grants for SAF Production and Sustainable Aviation Technology Available from FAA

The Federal Aviation Administration (FAA) has announced the availability of $300 million in discretionary grant funds as part of their Fueling Aviation’s Sustainable Transition (FAST) program. The goal of the program is to...more

US Patent & Trademark Office Expands Climate Change Mitigation Pilot Program

The Climate Change Mitigation Pilot Program offers an opportunity for companies in the climate space to cheaply expedite the examination of US patent applications. The grant of a US patent provides a strong signal to...more

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