Landslide® May/June 2018

International Law

Big Changes in International IP Laws

By Clark A.D. Wilson, Kamal Arvind, and Jeffrey Klenc

To keep pace with the evolution of IP around the world, China amended its patent examination guidelines to clarify patent subject matter eligibility of business methods and computer programs, and Europe has proposed copyright reform in the digital single market.

The Case for Early Adjudication of Potentially Dispositive Issues at the USITC

By Evan H. Langdon and Paul M. Bartkowski

The USITC’s ability to identify and decide potentially case-dispositive issues early in an investigation makes the USITC an ideal forum to minimize expense to litigants.

Patents

Prosecution Insights Gleaned from a Review of Recent Patent Examiner Training

By Jessica Harrison

A 24-year USPTO veteran reviews recent office training and offers perspectives on patent examiner culture, training, and practical practice tips.

When 30 Years of Practice Goes Against You

By James W. Dabney

The TC Heartland decision illustrates that giving voice to Supreme Court precedent—or deliberately choosing not to do so—is an important tool in a practical litigator’s toolbox.

Brave New Law: Appellate Standing at the Federal Circuit

By Matthew Dowd and Jonathan Stroud

While most circuit courts have long dealt with appellant, appellee, intervenor, and amici standing, the Federal Circuit has only recently begun to address it. The authors suggest an approach.

Intellectual Property

Split Personality: Constructing a Coherent Right of Publicity Statute

By Joshua L. Simmons and Miranda D. Means

As the debate over the right of publicity escalates, this article considers the elements and theories required to draft a statute that could satisfy all interested parties.

Patents

The PTAB Is Not an Article III Court, Part 2: Aqua Products v. Matal as a Case Study in Administrative Law

By David Boundy and Andrew B. Freistein

In Aqua Products, Inc. v. Matal, patent law arguments were losers, and administrative law arguments were winners—the USPTO’s circumvention of the Administrative Procedure Act was invalid.

Patents

The Cost of Doubling Up: An Economic Assessment of Duplication in PTAB Proceedings and Patent Infringement Litigation

By Anne S. Layne-Farrar

Congress’s goal for inter partes review was for a “cheaper, faster” alternative to district court litigation; after five years, that goal has not yet been met.

Perspective—Burning the Candle at Both Ends

By Scott F. Partridge

An Interview with Kent L. Richland

By Susan Perng Pan

Profiles in IP Law: An Interview with Kent L. Richland: Founding Partner, Greines, Martin, Stein & Richland LLP

Decisions in Brief

By John C. Gatz