By Lewis Roca Rothgerber Christie
In the aftermath of the Oil States and SAS Supreme Court decisions, the PTO’s proposal to adopt the Phillips standard for claim construction brings a small measure of relief for universities and research institutions. The “broadest reasonable interpretation” claim construction standard currently used by the PTAB in deciding IPRs may open the instituted claims to challenge by a larger body of …
Continue reading “PTAB Proposal on Claim Construction Would Align with Federal Courts, ITC”
The Supreme Court’s decision in SAS Institute v. Iancu represents yet another blow to patent owners, but is an especially troublesome complication for universities and research institutions trying to generate licensing revenue. As obtaining a decision of invalidity may be easier in an inter partes review (IPR) in front of the Patent Trial and Appeal Board (PTAB) than …
Continue reading “SAS Decision Could Have Chilling Effect on University Licensing”
Consumers use brands to make choices, demonstrate loyalty and determine value. A brand’s ultimate goal, from a company perspective, is to accelerate growth and generate value (i.e., goodwill). But what is “goodwill” as it relates to trademarks – how is it tied to trademark selection and does it affect licensing, acquisitions and litigation? Intellectual Property …
The impact will be significant and yes, U.S. businesses will be impacted. GDPR will impact any U.S. company that has a web presence and markets their goods or services to European markets. A recent study by the International Association of Privacy Professionals indicated that Fortune’s Global 500 will spend roughly €7.8 billion to implement GDPR. IAPP also estimates that …
Continue reading “Are You Ready for the General Data Protection Regulation (GDPR)?”
In a recent opinion [DSS Technology Management. v. Apple Inc., (Fed. Cir. 3/23/2018)], the Federal Circuit iterated that the Patent Trial and Appeal Board (“the Board”) must provide additional rationale beyond “ordinary creativity” and “common sense” for modifying a single reference for rendering a claim invalid. Reference to the “ordinary creativity” of the ordinary skilled …
In a span of less than a week in February, the Federal Circuit issued two precedential decisions that may impact the willingness of district courts to resolve patent eligibility issues on early motions. First, on February 8, 2018, the Federal Circuit issued its opinion in Berkheimer v. HP, Inc., vacating a district court’s summary judgment …
Continue reading “Federal Circuit Reins In Early Dismissals Based on Patent Liabilities”
In a most recent opinion, the Federal Circuit makes it clear that unless it chooses to exercise its waiver rights under 37 CFR 42.5(b), the Patent Trial and Appeal Board (“the Board”), consistent with the PTO guidelines, is obligated to dismiss new arguments and evidence presented for the first time during the oral argument phase …
The process of construing the disputed terms of a patent is a seminal stage in many patent cases. The outcome-determinative nature of a claim construction order leads many parties to stipulate to a judgment of infringement or non-infringement so the disadvantaged party may appeal the unfavorable construction. A recent claim construction order by the Delaware …
Continue reading “Claim Construction: A Hard Pill to Swallow for the Unwary”