See the Digital Edition of this Special Report.

 

Applicability of §101 Challenges in ANDA Pharmaceutical Litigation

By utilizing §101 motions less than 2 percent of the time, generics are not fully availing themselves of the Supreme Court’s decisions in ‘Alice’, ‘Mayo’, and ‘Myriad’.

Arbitrate Without Losing the Inter Partes Review Option

At bottom, although no single strategy is applicable to all situations, a deferral of an IPR validity challenge should be considered and contrary to what some may be espousing, arbitration provisions are not only beneficial and important in patent license agreements, under AIA they may be more important than they have ever been.

‘Substantial Similarity’: A New Approach to Dismissing Implied-in-Fact Contract Claims?

While the New York courts now appear comfortable deciding substantial similarity as a matter of law in copyright cases, it awaits to be seen whether similar implied-in-fact contract claims will survive motions to dismiss or whether the courts will follow the adage of King Solomon and conclude that “there is no new thing under the sun.”

‘Halo’ and Willful Infringement Weaponizing Patent Owners

The increased risk of meaningful enhanced damages should ultimately reduce the incidence of willful infringement as potential defendants implement appropriate safeguards against copying or arrogantly ignoring the rights of patent owners. Achieving a proper balance, while not easy, should remain an important goal for our patent system.

Swarms of Drones: Collecting Data and Delivering Potential Liabilities

The information gathered by UAVs is not selective—their sensors and cameras capture information about the entire area inspected, regardless of its relation to the UAV’s primary purpose. Thus a host of issues may arise when data is incidentally collected.