New York Law Journal | Analysis
By Rob Maier | September 24, 2019
In his Patent and Trademark Law column, Rob Maier discusses the United States-China trade war from an IP perspective. He writes: If the trade war continues to have a damping effect on the world economy, this may be another factor that influences an increase in IP litigation and licensing activity—both in China and in the United States.
New York Law Journal | Analysis
By Charles T. Steenburg and Scott I. Forman | July 12, 2019
Patent owners asserting their patents in litigation will often seek broad claim constructions to cover accused products and forestall defendants' non-infringement defenses. However, a recent decision illustrates potential pitfalls of this strategy even aside from traditional concerns about reading claims so broadly as to cover prior art.
New York Law Journal | Analysis
By Lewis R. Clayton and Eric Alan Stone | July 9, 2019
In 'Hulu v. Sound View Innovations,' the Patent Office's Precedential Opinion Panel is set to decide what showing a petitioner must make to establish that a reference was publicly available prior to the date of the challenged patent, thus qualifying as a printed publication. In their Intellectual Property Litigaion column, Lewis Clayton and Eric Alan Stone discuss 'Hulu' and other cases considering this issue.
By Karen Hoffman Lent and Kenneth Schwartz | June 10, 2019
In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz write: On May 21, California federal judge Lucy Koh ordered a sweeping injunction against cellphone chipmaker Qualcomm, requiring the company to renegotiate its licenses and alter its business model. The case was long-anticipated to have a significant impact on intellectual property law and the technology industry by clarifying the obligations of standard essential patent holders to license their technology on fair terms and deal with competitors. It has exposed tensions between the DOJ and FTC, and within the FTC itself, and public scrutiny is far from over as the case heads to the Ninth Circuit on appeal.
New York Law Journal | Analysis
By Rob Maier | May 21, 2019
In his Patent and Trademark Law column, Rob Maier discusses a momentum possibly building for a movement back toward stronger patent rights, as lawmakers undertake efforts to reinvigorate U.S. patents.
New York Law Journal | Analysis
By Richard Raysman and Peter Brown | May 13, 2019
In their Technology Law column, Richard Raysman and Peter Brown discuss a recent decision wherein a software licensor was permitted to terminate a license that the licensee alleged continued in “perpetuity” on grounds that the merger clause in the license did not supersede a related master services agreement.
New York Law Journal | Analysis
By Rob Maier | March 26, 2019
In his Patent and Trademark Law column, Rob Maier writes: As patent troll filings continue to fall, companies should expect plaintiffs' lawyers and funders to continue to seek out other opportunities. One such opportunity may be found in claims arising from the mass storage of data in Big Data and IoT systems. Much to the chagrin of concerned corporate counsel and compliance officers, we may be witnessing the rise of the Big Data trolls.
By Jennifer Tempesta and Stephanie Kato | March 22, 2019
Considering the advances in AI technology and intellectual property law, how do these recent developments shape the outlook of AI patentability?
By Tryn T. Stimart and Jean E. Dassie | March 22, 2019
The full implications of the Supreme Court's 'WesternGeco' decision are still unclear. Nevertheless, as expected, multinational defendants are advocating for a narrow reading of the case, whereas patentee plaintiffs are advocating for an expansive reading.
By Debra Doby and Michael Siem | March 22, 2019
Since the Hatch-Waxman Act has been in effect, there has been an increase in the number of challenges to patents covering chemical compounds. With the advent of inter partes reviews, the expectation was that there would be an uptick in compound claims being found obvious due to the expertise of the Patent Trial and Appeal Board. That has not been the case. Instead, as outlined here, the exact opposite has happened.
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