Can a Potential Infringer Use an IPR to Gain Access to Article III Courts? By Sarah A. Kagan The U.S. Court of Appeals for the Federal Circuit heard arguments in a case that will clarify an important aspect of the inter partes review (IPR) process: who has standing to appeal an adverse decision? On…
Did the Supreme Court Bless Claims to Methods of Treating? By Sarah A. Kagan At the U.S. Court of Appeals for the Federal Circuit oral argument in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals (Case Nos. 16-2707 and 16-2708) on Dec. 5, Judge Lourie challenged each side to defend its position on the subject-matter eligibility…
Heather R. Smith-Carra offers five ways companies can stay in compliance with the Digital Millennium Copyright Act in IPWatchdog. This includes electronically designating a new online service provider agent by December 31, 2017, to benefit from the law’s safe harbor protection. Click here to read her article.
Helen Hill Minsker was recognized in the International Trademark Association’s INTA Bulletin for her role in the Government Officials Training Committee’s second United States Patent and Trademark Office training. Ms. Minsker moderated the panel, which focused on the coffee industry this year. Click here for more information.
Robert S. Katz and Alisa S. Abbott examine protecting and enforcing design rights in the United States in their chapter in Designs: A Global Guide 2018. The guide, published by World Trademark Review, offers practitioners a reference guide to design rights in 15 jurisdictions, including the United States. Click here to read their chapter.
Is Infringement Required to Generate a Case or Controversy for Declaratory-Judgment Jurisdiction? By Sarah A. Kagan Ten years ago, MedImmune successfully sought an expanded scope of declaratory-judgment jurisdiction, asking the U.S. Supreme Court to permit a suit challenging validity of a patent of which it was a paying licensee. MedImmune Inc., v. Genentech Inc.…
Supreme Court Continues its Analysis of the AIA in SAS v. Matal By Katie L. Becker On November 27, 2017, the Supreme Court heard oral argument in SAS Institute, Inc. v. Joseph Matal. Although SAS seems to have taken a back seat to Oil States,[1] the outcome of SAS could heavily impact petitioners, patent…
Supreme Court Considers Constitutionality of Inter Partes Review in Oil States By Benjamin Koopferstock On November 27, 2017, the Supreme Court heard argument in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC[1], to answer whether inter partes review (IPR) violates the Constitution by “extinguishing private property rights through a non-Article III forum…
Banner & Witcoff, Ltd., a national intellectual property law firm that procures, enforces and litigates intellectual property rights throughout the world, welcomes seven new associates to its Chicago and Washington, D.C., offices. John Harris Curry, Washington, D.C., focuses his practice on post-grant matters, including inter partes reviews, covered business method reviews and post-grant reviews, and…
Inherent Risks to a Common Prosecution Strategy By Sarah A. Kagan The U.S. Court of Appeals for the Federal Circuit affirmed the decision of the U.S. District Court for the District of Delaware, holding Sanofi’s patents, U.S. 8,318,800 and U.S. 8,410,167, not proven invalid for obviousness and not proven narrowed by prosecution disclaimer. Sanofi v.…
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