A recent Federal Circuit opinion casts fresh light on two aspects of patent strategy: the experimental use exception to the on-sale bar to patent validity; and the role of a non-infringement legal opinion in defeating an...more
The US Treasury Department’s Office of Foreign Asset Control (OFAC) has issued two general licenses relevant to intellectual property matters authorizing transactions that would otherwise be prohibited by the sanctions...more
Sunstein is delighted to present a “Fireside Chat” with Pure Lithium moderated by Thomas C. Carey and Dr. Bill Braunlin.
Learn how Pure Lithium Founder & CEO Emilie Bodoin and Co-Founder and Chief Scientific Officer Donald...more
The Russian war on Ukraine has resulted in a series of US sanctions and Russian countermeasures that have disrupted the coordination of patent and trademark rights between the United States and Russia. ...more
On September 10, the antitrust division of US Department of Justice (DOJ) took the unusual step of revising a 2015 business review letter it had sent to the Institute of Electrical and Electronics Engineers (IEEE)....more
10/9/2020
/ Antitrust Litigation ,
Business Review Letters ,
Department of Justice (DOJ) ,
FRAND ,
IEEE ,
Injunctive Relief ,
IP License ,
Patent Infringement ,
Patents ,
SSO ,
Standard Essential Patents ,
Standard Setting Organizations
Companies seeking to license patents from state universities face a special risk--sovereign immunity. The 11th Amendment to the US Constitution deprives federal courts of jurisdiction to hear complaints brought by a citizen...more
Qualcomm has for years dominated the market for cellphone chips. Its patented technologies have been included in many cellphone standards on the condition, common among standards setting organizations (SSOs), that Qualcomm...more
9/3/2020
/ Anti-Competitive ,
Antitrust Violations ,
Apple ,
Attorney's Fees ,
Contract Disputes ,
Federal Trade Commission (FTC) ,
FRAND ,
IP License ,
Microchip Technology ,
Monopolization ,
Patent Infringement ,
Patent Royalties ,
Patents ,
Popular ,
Qualcomm ,
Sherman Act ,
Standard Essential Patents
The Patent Act allows anyone to try to initiate an inter partes review (IPR), which is a proceeding before the Patent Trial and Appeal Board (PTAB) challenging one or more claims of a patent. Any such challenge may be based...more
4/21/2020
/ Appeals ,
Denial of Institution ,
Inter Partes Review (IPR) Proceeding ,
Patent Act ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Precedential Opinion ,
Printed Publications ,
Prior Art ,
Section 325(d)
The federal government’s ability to compel manufacture of supplies under the Defense Production Act has lately been in the news. Indeed, President Trump has issued an Executive Order authorizing the Secretary of Health and...more