Intellectual Property

A Firsthand Account Of The Helsinn V. Teva Arguments

During U.S. Supreme Court oral arguments in Helsinn Healthcare v. Teva Pharmaceuticals, the justices’ focus on the statutory language, and the relative lack of focus on the specific facts of the case, suggest they may address the meaning of the America Invents Act language broadly, say Michael Pomianek and Michelle Nyein of Wolf Greenfield & Sacks PC.

Opinion

Alice Must Be Revisited In View Of Emerging Technologies

The U.S. Supreme Court's 2014 Alice decision created uncertainty in patent-eligibility law — uncertainty that hits at the heart of the next innovative frontier focused on artificial intelligence and machine learning. Alice’s two-step test needs to be revised or replaced, say James Fussell of Mayer Brown LLP, and Nikko Quevada and Vincent Violago of Parola Analytics Inc.

Antitrust Risk In Agreements Restricting Online Advertising

For companies concerned about their competitors’ online advertising, the Federal Trade Commission's recent ruling on 1-800 Contacts' marketing agreements with competitors is instructive, say Amy Gallegos and Michelle Peleg of Jenner & Block LLP.

Alice Rejections Now Flow From Different Part Of USPTO

Patent-eligibility rejections at the U.S. Patent and Trademark Office skyrocketed quickly after the U.S. Supreme Court's 2014 Alice decision. These effects were largely contained within the “business method” art units but recently have become more common in Technology Center 2100, say Kate Gaudry and Samuel Hayim of Kilpatrick Townsend & Stockton LLP.

A Chance For High Court To Clarify On-Sale Bar

In Helsinn v. Teva, the U.S. Supreme Court can provide further certainty regarding what activities place a claimed invention “on sale” to create a bar to patentability. But if the on-sale bar is to be balanced, solutions other than those offered by the parties in the case might be considered, say Kevin McGann and Catherine McCord of Fenwick & West LLP.

Series

Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

ITC Clarifies Duty Of Respondents After Corporate Restructure

The U.S. International Trade Commission's recent decision in Certain Subsea Telecommunications Systems is a cautionary tale for respondents undergoing corporate reorganizations — the onus is on the respondent to inform the ITC and the complainant of the changes, say Bryan J. Vogel and Derrick J. Carman of Robins Kaplan LLP.

What High Court Will Consider In Helsinn On-Sale Bar Case

In Helsinn v. Teva, the U.S. Supreme Court will resolve whether nonpublic sales or offers to sell still qualify as prior art under the post-America Invents Act on-sale bar. Ahead of Tuesday's oral argument, David Bassett and Christine Duh of WilmerHale examine the briefing from both sides.

Tangible Property Sales Taxes Don't Apply To Intangibles

Recent tax decisions in Pennsylvania and Michigan highlight taxing authorities' unsuccessful attempts to assert sales and use tax on products and services that use new technologies not contemplated by old taxing statutes, say Craig Fields and Rebecca Balinskas of Morrison & Foerster LLP.

Fed. Circ. Judges Disagree On Section 103 Patent Validity

The Graham v. John Deere standard for evaluating the obviousness of a claimed invention has been in place for more than 50 years, but several recent Federal Circuit decisions have adopted a different approach. Now two lines of cases are developing, say Tony Pezzano and Michael Dougherty of DLA Piper.