Intellectual Property

Smarter, Faster, Stronger: A New Suite Of VC Model Docs

For the first time in four years, the National Venture Capital Association recently updated its model legal documents. The latest drafts not only reflect the necessity for quick transactions and bespoke solutions to unique problems facing venture capital investors, but they anticipate needs that will arise in this ever-evolving industry, say attorneys with Paul Hastings LLP.

A Cautiously Optimistic Diagnosis For Patent Eligibility

For companies in the life sciences industry, the scope of patent eligibility continued its apparently inexorable contraction in 2017. But in the first months of 2018, the Federal Circuit has exhibited a more generous approach to both steps one and two of the patent eligibility analysis, say Ewa Davison and David Tellekson of Fenwick & West LLP.

Series

Judging A Book: Berzon Reviews 'We The Corporations'

My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

SAS Indirectly Strengthens The Impact Of Estoppel

While not obvious at first glance, the U.S. Supreme Court's decision in SAS Institute v. Iancu benefits patent owners, with favorable implications for estoppel. It may even resolve a split concerning the scope of estoppel, say Scott Hejny and Chelsea Priest of McKool Smith PC.

The Impact Of Tax Reform On Film, TV And Print Media: Part 3

In this third installment of their series on how the tax overhaul impacts U.S. media companies, Bracewell LLP attorneys Michele Alexander and Ryan Davis look at how the international and domestic provisions intended to bring tax dollars home have affected media companies' decisions regarding foreign versus domestic production.

What ABA’s Position On Harassment Means For Employers

In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

Some Fed. Circ. Guidance On Patent Pleading Standard

The Federal Circuit's decision in Disc Disease v. VGH may help to further inform patent owners as to what a sufficiently pled complaint should contain to survive a motion to dismiss under Rule 12(b)(6) for “simple” technologies, say Stephanie Scruggs and Jessica Zurlo of Bradley Arant Boult Cummings LLP.

Practical Considerations For Litigating Proportionality

By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

Don’t Let Inter Partes Reviews Ruin Your Trial

Current statistics reveal that inter partes review petitions are now more likely to fail than succeed, and the failure rate is continuing to climb. Accused infringers must approach IPR proceedings with an eye toward a jury trial that is more and more likely to occur, say Jeremy Taylor and Wayne Stacy of Baker Botts LLP.

Surveying The CRISPR Patent War

Following this week’s oral argument at the Federal Circuit in University of California v. Broad Institute, there has been a surge of interest in the long-running CRISPR patent dispute. There are battles raging on multiple fronts, particularly in Europe, with several more on deck in the U.S., and maybe even in China, says Michael Stramiello of Paul Hastings LLP.