New York Law Journal | Analysis
By Lewis R. Clayton and Eric Alan Stone | March 12, 2019
Intellectual Property Litigation columnists Lewis R. Clayton and Eric Alan Stone discuss 'BTG Int'l Ltd. v. Amneal Pharm.', in which the Federal Circuit may decide whether §315(e)(2) acts to bar a successful IPR petitioner from asserting in district court the arguments on which it prevailed before the PTAB.
By Roy Strom | December 12, 2018
Parabellum Capital is paying to keep a patent analysis tool developed by a former Fish & Richardson lawyer away from its competitors.
New York Law Journal | Analysis
By Lewis R. Clayton and Eric Alan Stone | November 13, 2018
Intellectual Property Litigation columnists Lewis R. Clayton and Eric Alan Stone address the question of how, if at all, a non-injured party that challenges a patent before the PTAB and loses may then demonstrate Article III standing to appeal to the federal courts from the PTAB's decision upholding the patent's validity. The authors report on two pending appeals—one at the Supreme Court and one at the Court of Appeals for the Federal Circuit—that may soon answer this question.
New York Law Journal | Analysis
By Milton Springut | October 29, 2018
When a patent application is published after 18 months, its contents become public knowledge and are no longer protected as trade secrets. Nevertheless, the 'TAOS' case shows that businesses can still exploit both forms of protection, if the nuances and limitations of each form of intellectual property are appreciated.
New York Law Journal | Analysis
By David J. Kappos, Marc A. Ehrlich and Richard M. Ludwin | October 29, 2018
Our nation's patent policies over the last generation have largely revolved around making the NPE business model unprofitable. But why then are many NPEs still in business years after the fact?
New York Law Journal | Analysis
By Rob Maier | September 25, 2018
In his Patent and Trademark Law column, Rob Maier discusses the Federal Circuit's recent decision in 'BSG Tech v. Buyseasons', which found a patent directed to database functionality invalid as not patent eligible. In the process, the court helped to further define the fuzzy line between good and bad database patents.
New York Law Journal | Analysis
By Scott D. Locke | September 19, 2018
The recent decision 'In re Rembrandt Technologies LP Patent Litigation' is a reminder of both the potential consequence of a patent holder's disingenuous assertion of unintentionality and the challenges that defendants face when raising the improper filing of a petition to revive a lapsed patent as a defense.
New York Law Journal | Analysis
By Robert L. Maier | August 7, 2018
In his Intellectual Property column, Robert L. Maier discusses 'Helsinn Healthcare v. Teva Pharmaceuticals USA,' in which the U.S. Supreme Court will address the scope and impact of the 'on sale bar' of the patent statute as it applies under the America Invents Act.
New York Law Journal | Commentary
By Robert L. Maier | May 22, 2018
In 2011, President Barack Obama signed into law the Leahy-Smith America Invents Act, which brought the most sweeping change to American patent laws since the 1952 Patent Act.
By Scott Flaherty | May 7, 2018
A company that developed technology for "spread trading" claims its lawyers at Perkins Coie and Bracewell led it into a contract that failed to protect its interests against Morgan Stanley.
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