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American Axle v. Neapco
Introduction On July 31, 2020, in American Axle v. Neapco, the Federal Circuit split 6-6 on the question of whether to grant en banc review of a panel decision on patent eligibility seen by many as an unwarranted extension of the principle that...
Read ArticleUK SUPREME COURT DECISIONS IN UNWIRED PLANET V HUAWEI AND HAUWEI v. CONVERSANT
On August 26, 2020, the United Kingdom Supreme Court handed down its unanimous combined decision in the cases of Unwired Planet v. Huawei and Huawei v. Conversant. Both cases involved questions of: Whether the contracts entered into by those who...
Read ArticleTHRYV INC. v. CLICK-TO-CALL TECHNOLOGIES LP
The question of whether the United States Court of Appeals for the Federal Circuit Court of Appeals has any right to examine a decision of the Patent Trial and Appeal Board (PTAB) to institute inter partes review or post grant review, as opposed to...
Read ArticleREMEMBERING TWO OF THE SPOOKIEST HALLOWEEN COPYRIGHT CASES
With Halloween 2020 approaching, we thought it was important to remember two of the spookiest of intellectual property cases, in particular, those copyright cases addressing issues with well-known horror movies. GALLAGHER v. LIONS GATE...
Read ArticleFEDERAL TRADE COMMISSION v. QUALCOMM INCORPORATED
Introduction On August 11, 2020, the Ninth Circuit Court of Appeals reversed a decision of Judge Koh sitting in the Northern District of California that certain of Qualcomm’s business practices relating to its standards essential patents (SEPs)...
Read ArticlePatents in Crisis: Is there a Solution in Sight?
Patents in Crisis: Is there a Solution in Sight? Remarks prepared for presentation to the Emily C. and John E. Hansen IP Institute at Fordham Law School on September 19, 2019 I. Introduction II. The Four Sledgehammers Affecting Confidence in U.S....
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