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’.
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.
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.”
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.
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.