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SAS Institute, Inc. v. Iancu: Raising the Stakes to an All-Or-Nothing Game at the PTAB By Justin M. Philpott and Eric A. Zelepugas In a 5-4 decision rejecting the Patent Trial and Appeal Board (PTAB)’s practice of partial institutions of inter partes reviews (IPR), the Supreme Court placed strict statutory interpretation over PTAB efficiencies. What will be…

Banner & Witcoff remembers our friend and former name partner George B. Newitt, who died on April 18, 2018. George spent most of his career at the Chicago law firm that eventually became Allegretti, Newitt, Witcoff and McAndrews. George grew up in Grosse Pointe, Michigan, and graduated from Wayne State University with a degree in…

Justin M. Philpott and Eric A. Zelepugas examine the Supreme Court’s SAS decision and what it potentially means for future Patent Trial and Appeal Board practice in Law360. Click here to read the article, “High Court Raises The Stakes At PTAB.”  

Oil States: Patents Are Public Rights, IPRs Are Here to Stay By Charles W. Shifley In the much-anticipated Oil States case,[i] the U.S. Supreme Court decided on April 24, 2018, that patent inter partes reviews (IPRs) are constitutional. Knocking the wind out of those who considered the opposite result possible, the decision garnered a majority of seven…

Bradley J. Van Pelt discusses five things companies should consider during a consumer product launch that could protect them against allegations of patent infringement and prevent competitors from replicating their ideas in his Corporate Counsel article, “Corporate Goals in the Patent Landscape: 5 Ways to Perfect Your Product Launch.” Click here to read the article (subscription required).

A Test That Cannot Be Applied Consistently By Sarah A. Kagan The difficulty in consistently applying the prevailing test for subject matter eligibility was evident in the April 13, 2018, opinion of the U.S. Court of Appeals for the Federal Circuit in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals International Limited (2016-2707, 2016-2708). As a result…

As companies continue to spend valuable time and money developing new technologies and innovative products, Banner & Witcoff is offering a new online resource on how they can protect these assets. Similar to previous hard-copy editions, MyIPLaw introduces the purpose and importance of procurement and enforcement of utility patents, design patents, trademarks, domain names, copyrights…

Robert F. Altherr Jr., Ross A. Dannenberg, Rajit Kapur, Scott M. Kelly, Frederic M. Meeker, Chunhsi Andy Mu, Joseph M. Potenza and Bradley C. Wright were named to the 2018 Washington, D.C. Super Lawyers and Rising Stars lists for their work in intellectual property law. The Super Lawyers lists represent the top 5 percent of…

Did Congress Create a New Form of Infringement Without Providing Full Compensation? By Sarah A. Kagan and Lisa M. Hemmendinger The Supreme Court heard oral arguments April 16, 2018, in WesternGeco LLC v. ION Geophysical Corporation (No. 16-1011), another of a series of patent cases in which it may find that a rigid Federal Circuit…

The IPKat highlights Ross A. Dannenberg’s discussion of 10 types of lawsuits that have shaped the games industry in the United States at the More than Just a Game: IV Edition in London. Click here to read the article.