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Patent Quality Initiative NewsRethinking Article III Standing in IPR Appeals at the Federal Circuit

In 2011, as part of the American Invents Act (“AIA”), Congress significantly restructured the way in which previously issued patents could be challenged. In some cases, existing post-issuance proceedings, like ex parte reexamination and reissue proceedings, were kept intact as such proceedings existed prior to the AIA. In other cases, existing post-issuance proceedings, like inter partes reexamination, […]

IPWatchdogRethinking Article III Standing in IPR Appeals at the Federal Circuit

In 2011, as part of the American Invents Act (“AIA”), Congress significantly restructured the way in which previously issued patents could be challenged.   In some cases, existing post-issuance proceedings, like ex parte reexamination and reissue proceedings, were kept intact as such proceedings existed prior to the AIA.  In other cases, existing post-issuance proceedings, like inter […]

In The Press: Beth M. Kotran – Ferrero North America

Vanguard  Law Magazine — Written by: Neil Cote/Produced by: Ross Fields AR&E is proud of our alumna Beth Kotran, general counsel for the North American operations of Ferrero, the worldwide confectionery company which brings us NUTELLA, TIC TAC, KINDER, FERRERO ROCHER, and many more. Beth’s accomplishments are featured in this month’s edition of Vanguard Law Magazine.  The […]

ARE Patent Law Alert:IN SAS INSTITUTE INC. V. IANCU, U.S. SUPREME COURT DETERMINES THAT PTAB MUST ISSUE A FINAL WRITTEN DECISION ADDRESSING ALL CHALLENGED CLAIMS IN IPR PROCEEDINGS

On April 24, 2018, the Supreme Court of the United States issued a 5-4 opinion in SAS Institute Inc. v. Iancu, No. 16-969, 584 U.S. ____ (2018). In this Decision, the Court reversed the decision of the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) and held that “the petitioner in an inter […]

IPWatchdog
Rethinking Article III Standing in IPR Appeals at the Federal Circuit

In 2011, as part of the American Invents Act (“AIA”), Congress significantly restructured the way in which previously issued patents could be challenged.   In some cases, existing post-issuance proceedings, like ex parte reexamination and reissue proceedings, were kept intact as such proceedings existed prior to the AIA.  In other cases, existing post-issuance proceedings, like inter […]

ARE Copyright Law Alert:Federal Circuit Panel Holds Google’s Use of Oracle’s Java API Packages Does Not Constitute Fair Use Under 17 U.S.C. § 107

On March 27, 2018, a three-judge panel of the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a ruling in Oracle America, Inc. v. Google LLC, No. 17-1118 (Fed. Cir. Mar. 27, 2019). The Court reversed the district court’s decision and held that “Google’s use of the 37 Java API packages was […]

ARE Trademark Law Alert: Trade Dress Allegation For Shoes Containing Description Of “Laundry List” Of Elements, Functional Features And Ornamental Features For Enhancement Of The Aesthetic Appeal Insufficient To Survive Motion To Dismiss

On February 22, 2018, the Federal Court for the Eastern District of New York affirmed the magistrate judge’s report and recommendation to dismiss a trade dress complaint regarding shoes in Eliya, Inc. v. Steven Madden, Ltd.—in which Amster, Rothstein & Ebenstein LLP successfully represented defendant Madden. In Eliya, the plaintiff alleged that several of Madden’s […]