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Equal Pay Act Claim Requires Show of Pay Disparity “Based on Sex” as Part of Prima Facie Case, Court Holds
  • Jackson Lewis PC
  • USA
  • September 19 2018

Departing from other federal appeals courts, the U.S. Court of Appeals for the Federal Circuit has held that Equal Pay Act plaintiffs must establish


Royal Trademark Battles over Beverages
  • Dilworth IP
  • USA
  • September 18 2018

In this summer’s heat, if reaching for a cool drink stimulates a thirst for knowledge about how disputes over names for certain soft drinks should be


What Are the Top Hatch-Waxman and BPCIA Developments for August 2018?
  • Morrison & Foerster LLP
  • USA
  • September 18 2018

This month we highlight a district court opinion from Judge Dyk, sitting by designation, denying a preliminary injunction in a brand-vs-brand


PTAB Debates Standard for Reasonable Number of Substitute Claims
  • Ropes & Gray LLP
  • USA
  • September 18 2018

Given the complications associated with amending litigated claims, amendment is still relatively rare at the Patent Trial & Appeal Board (PTAB). Yet


CAFC Vacated District Court Claim Construction Relying on Alleged Prosecution Disavowal and Affirmed Indefiniteness Determination
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • September 18 2018

In Intellectual Ventures I LLC v. T-Mobile USA, Inc., the Federal Circuit vacated and remanded the district court’s grant of summary judgment relying


US: Authorized automobile dealerships drive discussion on patent venue in the Eastern District of Texas
  • Hogan Lovells
  • USA
  • September 17 2018

In May 2017, the Supreme Court tightened the rule for venue over domestic defendants in patent infringement cases finding that, under 28 U.S.C.


CAFC Explains PTAB Burden Shift for Claimed Ranges
  • Ropes & Gray LLP
  • USA
  • September 17 2018

Since the Federal Circuit's decision in Magnum Oil, the Patent Trial & Appeal Board (PTAB) has been mindful that the ultimate burden of persuasion


RPX Requests en banc Review in Applications in Internet Time v. RPX
  • Mintz
  • USA
  • September 13 2018

On September 7, 2018, RPX Corporation (“RPX”) requested a rehearing en banc of the Federal Circuit’s July 2018 Applications in Internet Time, LLC v


Patently unpredictable? Patent venue laws after TC Heartland & In re Cray
  • Kane Russell Coleman Logan PC
  • USA
  • September 12 2018

Venue for patent infringement cases is governed by 28 U.S.C. 1400(b), which states that patent infringement suits can be brought in the judicial


New Arguments in Momenta On Standing to Appeal IPR Loss Before Filing a Biosimilar Application
  • Patterson Belknap Webb & Tyler LLP
  • USA
  • September 12 2018

In Momenta Pharmaceuticals, Inc. v. Bristol-Myers Squibb Co., No. 17-1694 (Fed. Cir. argued Dec. 5, 2017), BMS challenges Momenta’s standing to appeal