Expert Analysis

• Medtronic's Cautionary Tale Of Fed. Circ. Word Limits

  

  The Federal Circuit's ruling in Medtronic v. Teleflex that Medtronic waived an argument that it had sought to incorporate by reference illustrates the pitfalls facing parties in complex patent cases involving numerous issues that cannot all be addressed within the strict word limits for appellate briefs, say Sean Murray and Jeremiah Helm at Knobbe Martens.

• What One Litigator Learned Serving On A Jury

  

  Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.

• Lessons In Navigating Collateral Estoppel Of Similar Patents

  

  The Patent Trial and Appeal Board's recent holding in Google v. Parus that rehearing was appropriate under collateral estoppel illustrates best arguments in inter partes review for any issue that could arise in a later proceeding, including dependent claim limitations, say attorneys at Akin.

• Fed. Circ. Ruling Seemingly Offers PTAB Deadline Immunity

  

  The Federal Circuit's recent Purdue Pharma v. Collegium Pharmaceutical Inc. decision that the Patent Trial and Appeal Board had authority to issue a final written decision in a post grant review after the prescribed statutory deadline underscores how courts should consider the overall objective of the statutory scheme when balancing the classic conflict between bright-line rules and flexible standards, says Matthew Dowd at Dowd Sheffel.

• 4 Legal Ethics Considerations For The New Year

  

  As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

• What Brands Need To Know About Consumer Reviews In 2024

  

  Testimonials, endorsements and consumer reviews have been on the Federal Trade Commission's radar for years — and since this evolving area will continue to be an enforcement priority in 2024, now is the time to ensure your house is in order, say attorneys at Crowell & Moring.

• Opinion

  Waiving COVID-19 IP Protections Would Harm US Industry

  

  President Joe Biden should turn down a World Trade Organization proposal to waive crucial intellectual property protections behind COVID-19 tests and diagnostics — protections that allow U.S. companies to sustain millions of jobs and develop life-saving treatments that benefit patients in every country, says former U.S. Circuit Judge Paul Michel, now at the Council for Innovation Promotion.

• Fed. Circ. Patent Decisions In 2023: An Empirical Review

  

  The Federal Circuit decided 306 patent cases last year, which is still well down from the pre-pandemic norm of around 440, and on the whole the court's decisions were markedly less patentee-friendly in 2023 than in 2022, says Dan Bagatell at Perkins Coie.

• What The Law Firm Of The Future Will Look Like

  

  As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

• 4 PR Pointers When Your Case Is In The News

  

  Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

• Trouble Indemnity: IP Lawsuits In The Generative AI Boom

  

  Attorneys at Ropes & Gray explore the contours of the intellectual property indemnification protections offered by providers of generative AI models — including their scope, coverage, conditions, exclusions and caps — to assess where businesses may still face liability exposure.

• 6 AI Cases And What They Mean For Copyright Law

  

  Artificial intelligence cases filed last year, some decided and others pending, demonstrate how the appellate courts that set binding precedent look at the intersection between copyright and AI, so legal frameworks must adapt and provide clarity in order to foster innovation, protect creators, and ensure fair and equitable outcomes, say attorneys at Crowell & Moring.

• Why Fed. Circ. Affirmed Attorney Fee Award In PersonalWeb

  

  A recent Federal Circuit decision to leave a $5.2 million fee award in place in the PersonalWeb patent case underscores district courts' discretion to sanction unreasonable arguments and litigation tactics under the U.S. Code's attorney fee provision, say attorneys at Shearman. 

• How AI Is Changing The Game Of Professional Sports

  

  As more professional sports teams and organizations employ the use of artificial intelligence, counsel should keep a critical eye on several legal issues, including both state and federal regulatory developments, data privacy concerns, and how AI tools could potentially affect applicable intellectual property rights, say attorneys at Squire Patton.

• Trending At The PTAB: 6 Areas To Watch In 2024

  

  Expect further changes in a half-dozen areas in 2024 following a busy 2023 at the Patent Trial and Appeal Board, including more adjustments to the director review process and the first case to hit the Appeals Review Panel, say attorneys at Finnegan.