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August 2018 Bid Protest Roundup
  • Morrison & Foerster LLP
  • USA
  • September 5 2018

This month, we bring you three bid protests from three fora. The first is not a decision at all, but an interesting dissenting opinion from two judges

Federal Circuit Affirms Tribal Sovereign Immunity Does Not Apply to IPR
  • Marshall Gerstein & Borun LLP
  • USA
  • August 9 2018

The Federal Circuit recently affirmed the PTAB’s decision that tribal immunity cannot be asserted in an IPR (Saint Regis Mohawk Tribe v. Mylan Pharma

Recent ITC decision clarifies and eases domestic industry burden for patent holders
  • Mintz
  • USA
  • July 17 2018

A recent decision by the International Trade Commission (“ITC” or the “Commission”) improves intellectual property holders’ ability to prove that they

A Petitioner’s Dilemma in Post-Grant Reviews
  • K&L Gates
  • USA
  • June 5 2018

Post-grant reviews ("PGRs") can only be filed within a nine-month window starting from the issuance of the patent, but standing to appeal to the

The Entire Market Value of a Product May Be Used as a Base for Calculating Royalties Without Showing that the Inventive Features Drove Market Demand
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • February 7 2018

The Federal Circuit permitted a damages expert to use the entire market value of an accused lawn mowerthe sales price of the moweras a

Crafting Definite Functional Claim Language After MasterMine
  • Baker Botts LLP
  • USA
  • January 8 2018

Section 101 of the Patent Act allows inventors to patent new and useful processes, machines, manufactures, or compositions of matter.1 However, the

Spotlight on Upcoming Oral Arguments - November 2017
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • November 3 2017

In this appeal, the Federal Circuit will consider whether it has jurisdiction to review a PTAB decision to terminate an IPR and enter an adverse

Foreign Suit against Customers Insufficient Grounds for US Declaratory Judgment Action by Manufacturer
  • McDermott Will & Emery
  • USA
  • October 31 2017

Addressing for the first time the issue of whether a suit against a manufacturer's customers in a foreign country for patent infringement creates a

Federal Circuit Affirms 16-Year Import Ban Against Indian Stainless Steel Producer Viraj Profiles
  • Kelley Drye & Warren LLP
  • USA
  • September 21 2017

On September 11, 2017, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a judgment without opinion affirming the

Federal Circuit Affirms ITC Exclusion Order In Viraj Appeal (2016-2482)
  • Oblon
  • USA
  • September 12 2017

On September 11, 2017, the U.S. Court of Appeals for the Federal Circuit ("Federal Circuit") issued a judgment without opinion affirming the decision