Landslide® November/December 2013

Patent Litigation Training: Law Schools’ Freedom to Operate

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.

Intellectual Property

Profiles in IP Law: An Interview with Judge Gerald Bruce Lee, United States District Court, Eastern District of Virginia

Lloyd Smith

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.

Intellectual Property

Isolated DNA Compositions Are Not Patent Eligible: Association for Molecular Pathology v. Myriad Genetics

Marylee Jenkins and Kristi Nicholes Burton

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.

Intellectual Property

Lessons Learned from the First Year of Inter Partes Reviews

Jennifer C. Bailey

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.

Patent Transactions: Novelty and Best Modes in Legal Innovation

Douglas J. Sylvester

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.

Intellectual Property

A Review of Reading Law: The Interpretation of Legal Texts

Jason Rantanen

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.

Intellectual Property

Shock and Aww: Social Media and § 1202 of the DMCA

Alyssa Reiner and Noah Priluck

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.

From the Hill—Combatting So-called Patent Trolls: Initial Efforts Fall Short, New Efforts Multiply

Hayden W. Gregory

Taking a look at the pursuit of so-called patent trolls. Who are those guys?

Decisions in Brief

John C. Gatz

The column provides highlights of recent trademark, copyright, trade secret, and patent cases.