Intellectual Property

Summary Affirmances Could Undo The Fed. Circ.

For the past two years, the Federal Circuit has relied on summary affirmances in nearly 60 percent of its cases. Thus, if the U.S. Supreme Court were to find, as recent cases argue, that the law requires the Federal Circuit to issue a written opinion in all cases, it could drastically slow down the appeals process, says Matthew Fagan of Kacvinsky Daisak Bluni PLLC.

TC Heartland Considerations For Hatch-Waxman Cases

The U.S. Supreme Court's TC Heartland decision may be felt strongly in the Districts of New Jersey and Delaware, which are home to more than 75 percent of Hatch-Waxman cases. Brands and generics alike will be faced with important, strategic decisions that may reshape the landscape of Hatch-Waxman litigation in the years to come, says Mark Deming of Polsinelli PC.

IPR Oral Argument Rules Offer Opportunities, Pitfalls

While inter partes review proceedings are essentially trials on paper, the Patent Trial and Appeal Board affords either party the right to an oral argument. It resembles argument in district court, but there are substantive and logistical differences, says Zachary Silbersher of Kroub Silbersher & Kolmykov PLLC.

DuPont Ruling And Trade Secret Enforcement Under Trump

In DuPont, the Ninth Circuit recently affirmed the first federal jury conviction for charges arising under the Economic Espionage Act and potentially catalyzed more aggressive economic espionage and trade secret enforcement, say Joseph Fazioli and James Bobseine of Dechert LLP.

Opinion

Justice Kennedy's Moderating Influence On The High Court

The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

The Latest SEP Developments In China

China's current judicial practices appear to indicate that standard-essential patent holders are in a favorable condition to commence relevant patent infringement litigation to protect legitimate rights and interests in China, say attorneys with Tian Yuan Law Firm.

A Bipartisan Call For STRONGER Patents

The American patent system has been weakened by recent court decisions and unintended consequences of the post-issuance proceedings at the U.S. Patent and Trademark Office. That is why I introduced the STRONGER Patents Act on Wednesday,​ says Sen. Chris Coons, D-Del.

Weekly Column

Innovating For Wise Juries: Juror-Posed Questions

One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

How 21st Century Cures Act Affects Combination Products

One of the more interesting changes under the 21st Century Cures Act for combination products is that certain device applications for drug-device combination products will be subject to some of the Hatch-Waxman Act provisions that typically apply only to drugs, say Shana Cyr and Tom Irving of Finnegan Henderson Farabow Garrett & Dunner LLP.

Update On Discovery Of Patent Prosecution Communications

Courts and companies continue to face challenges in determining whether a party can access patent prosecution communications in disputes between two joint owners, disputes between an employer-owner and an employee-inventor, and disputes with respect to a patent agent, say attorneys with Gibson Dunn & Crutcher LLP.