Intellectual Property

Data-Informed Insights Into USPTO Re-Exam

Ex parte re-examinations are now the U.S. Patent and Trademark Office's only post-issuance proceeding for challenging patentability that uses the "broadest reasonable interpretation" claim construction standard. This is one of several strategic advantages of re-examinations, say Braden Katterheinrich and Nick Anderson of Faegre Baker Daniels LLP.

3 Trends In Criminal Trade Secret Prosecution

While white collar filings are significantly down nationwide, the prosecutorial appetite for bringing criminal trade secret cases appears voracious, even where no foreign actor or national security concern is involved, say Jessica Nall and Janice Reicher of Farella Braun & Martel LLP.

Opinion

Courts Are Getting It Right On Litigation Funding Discovery

Earlier this month, a California federal court denied discovery into the identification of third-party funders with a financial interest in the outcome of an underlying patent infringement action. This decision in MLC v. Micron follows a long line of well-reasoned precedent across U.S. federal courts, say Matthew Harrison and Sarah Jacobson of Bentham IMF.

International Law In 2018: Key Developments

2018 was full of important developments in international law, including a new North American trade treaty, significant litigation at the International Court of Justice, and rulings by various bodies related to environmental, human rights and criminal law, say Viren Mascarenhas and Douglass Cassel of King & Spalding LLP.

Concerns About USPTO’s Proposed E-Filing Rules For TMs

As the U.S. Patent and Trademark Office ​considers making electronic filing mandatory for trademark applications and all related submissions, public comments highlight potential consequences of the proposed changes, says Roger LaLonde of Eckert Seamans Cherin & Mellott LLC.

The US Biosimilars Patent Litigation Outlook For 2019

After years of trending upward, the amount of new Biologics Price Competition and Innovation Act litigation might slow somewhat in 2019, yet several active cases are scheduled for trial and many decisions are expected to issue, say Joshua Whitehill and Michael Cottler of Goodwin Procter LLP.

Automated Vehicles In 2019: Predictions And Suggestions

As the automated vehicle industry continues to grow and expand in 2019, innovators will face novel questions concerning data privacy, open source compliance, advertising claims, and local, state, federal and international regulations, say attorneys with O'Melveny & Myers LLP.

A Stealth Upheaval In Patent Personal Jurisdiction?

The U.S. Supreme Court's 2017 ruling on personal jurisdiction in Bristol-Myers Squibb issued a month after the court's game-changing patent venue decision in TC Heartland and has the potential to effect a similarly major shift in where patent lawsuits can be brought, say Alex Chachkes and Matthew Bush of Orrick Herrington & Sutcliffe LLP.

Diversity's Next Step: Developing Minority Partners

The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

Takeaways From Fed. Circ. Hatch-Waxman IPR Case

The Federal Circuit's ruling last week in Amerigen v. UCB provides an informative data point regarding standing for inter partes review appeals in the Hatch-Waxman context, as well as considerations for brand companies facing obviousness challenges to patents claiming prodrug compounds, say attorneys with King & Spalding LLP.