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Evidence in Patent Cases – General Provisions

Success in patent litigation often turns on the ability or inability to admit or exclude evidence. Evidence in Patent Cases explains the use of evidence as it relates specifically to the issues encountered in patent litigation from case initiation through appeal. The authors, a team of experienced patent litigators, share insight, analysis, practice notes, and […]

ARE Trademark Law Alert:US Patent & Trademark Office Considers Rule Change for Foreign Trademark Applicants

(October 24, 2018)  In a September 24, 2018 address to the Intellectual Property Owners’ Association, US Patent & Trademark Office (“USPTO”) Director Andrei Iancu announced that he was considering a rule change to restrict  pro se trademark applications by foreign nationals.  Current rules allow foreign nationals to file US trademark applications without having legal representation.  […]

ARE Patent Law Alert:
Federal Circuit Finds Method of Treatment Claims Patent-Eligible, Not Directed to Natural Law

On March 28, 2019, the Federal Circuit issued a unanimous 3-0 decision finding claims covering a method of treatment—namely, treating pain in renally impaired patients using the opioid oxymorphone—to be patent-eligible under 35 U.S.C. § 101.  This decision in Endo Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc., No. 17-1240 overturned the district court’s holding that […]

ARE PTAB Alert:PTAB Adopts Phillip’s Style Claim Construction Standard for IPRs, PGRs and CBMs Filed on or after November, 13, 2018

(October 11, 2018) On October 10, 2018, the U.S. Patent and Trademark Office (USPTO) issued its much anticipated final rule with respect to claim construction in post-issuance proceedings. Specifically, the USPTO issued a new claim construction standard with respect to America Invents Act trials and proceedings, including inter partes review (IPR), post-grant review (PGR), and […]

ARE Copyright Law Alert:
Supreme Court Resolves Two Circuit Splits Impacting Copyright Litigation in Fourth Estate v. WallStreet.Com and Rimini v. Oracle

(March 6, 2019). On March 4, 2019, the United States Supreme Court issued two decisions which resolved circuit court splits impacting when copyright infringement cases may be brought and what costs may be recovered when completed. In Fourth Estate Public Benefit Corp v. WallStreet.Com, LLC (No. 15-571), the Court held that a claimant cannot file […]

IPWatchdogCan the Federal Circuit Refuse an Appeal by a Non-defendant Petitioner in an IPR?

On Tuesday, September 18, 2018, Askeladden L.L.C. (“Askeladden”) filed an amicus brief supporting Appellant’s Petition for Rehearing and Rehearing En Banc in JTEKT Corp. v. GKN Automotive Ltd., No. 2017-1828 (Fed. Cir. 2018). See Patent Quality Initiative’s website for the full brief. This case raises the important question of whether the Court of Appeals for […]

ARE Patent Law Alert:
SUPREME COURT HOLDS CONFIDENTIAL SALES ARE PRIOR ART UNDER THE AIA

On January 22, 2018, in a unanimous opinion penned by Supreme Court Justice Clarence Thomas, the United States Supreme Court affirmed the United States Court of Appeals for the Federal Circuit’s decision holding that a commercial sale to a third party who is required to keep the invention confidential may place the invention “on sale” […]