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With over 500 IPRs filed in the first year of the AIA, IPRs are clearly an extremely popular and inexpensive way to invalidate patents and battle concurrent litigation. But with this new procedure come new law and a learning curve.
Judge Lee was confirmed as United States District Judge in the Eastern District of Virginia in 1998. He shares his views from the bench and the nature of the court’s caseload.
The review and invalidation of patents by the PTAB marks a major change in the interplay of patent rights and U.S. patent litigation. Practitioners and parties must understand the new procedures. Many questions remain unanswered, including issues that overlap with traditional district court litigation.
Since patents were first granted on DNA molecules, there has been extensive controversy over their patentability. The U.S. Supreme Court ultimately held in Myriad Genetics that the composition claims directed to isolated DNA are not patent eligible under 35 U.S.C. § 101, but that cDNA is patent eligible.
Despite the ongoing demand for patent litigators, many law schools face unique obstacles in providing training for the practical skills necessary for prospective patent litigators to succeed.
U.S. law schools have worked hard to increase educational opportunities to prepare intellectual property students for transactional patent practice. In addition to clinical, externship, and traditional curricular developments, recent initiatives by the USPTO have pushed these areas even further, offering students valuable hands-on experience in prosecuting patents and trademarks.
Earlier this year, the Federal Circuit issued its en banc decision in CLS Bank v. Alice Corp. An analysis of the opinion and its impact on patent prosecutors is provided, with a focus on the future of patenting software.
Essential patents and RAND licensing disputes between companies have existed for some time. However, current litigation trends are changing the way courts address RAND commitments and how they assess RAND royalty rates.
Justice Antonin Scalia and Bryan A. Garner's book Reading Law: The Interpretation of Legal Texts is not specifically geared toward the interpretation of patent law. Yet the observations made by Scalia and Garner apply to law generally, and Professor Rantanen offers his thoughts on what those observations might mean for patent law.
Taking a look at the pursuit of so-called patent trolls. Who are those guys?
As social media becomes increasingly popular, the potential for copyright infringement has skyrocketed. One particularly interesting development is judicial interpretation of sections 1202 and 1203 of the DMCA, which contemplate liability for removal of copyright management information.
The column provides highlights of recent trademark, copyright, trade secret, and patent cases.