IpQ provides in-depth analysis of this fast-paced and intricate area of law.
2020
COVID-19 Primer: Using Trademark Law to Combat Reputational Harm from Third-Party Price Gouging | May 2020
2019
Special Supplement: USPTO Begins Pilot Program for Motions to Amend in Post-Grant Patent Trial Proceedings | March 2019
Special Supplement: Secret Sales May Qualify as Prior Art Under Section 102(a) of the America Invents Act | January 2019
2018
Special Supplement: USPTO Changes Claim Construction Standard Used In AIA Trial Proceedings | October 2018
Special Supplement: Award of Foreign Lost Profits Is Permissible Domestic Application of U.S. Patent Act | June 2018
Special Supplement: Inter Partes Review Proceedings Survive, But Their Implementation Will Change | April 2018
Patent Venue: The State of the Law a Year after the Dramatic Changes Introduced by TC Heartland | March 2018
Special Supplement: Federal Circuit Overrules Prior Decision, Holding Time-Bar Determinations Under § 315(b) Reviewable | January 2018
2017
Special Supplement: Federal Circuit Finds that Petitioners Have Burden of Persuasion of Unpatentability of Claims Amended During an IPR Proceeding, For Now | October 2017
Exhausted!: The Supreme Court Weakens Patent Owners’ Rights to Enforce Post-Sale Restrictions on Patented Products | August 2017
Wait For It: "Unreasonable Delay" in Bringing Suit is No Longer a Defense in Patent Cases | May 2017
2016
Is Every Case Exceptional? Octane Fitness v. Icon Health & Fitness and Fee Awards | October 2016
Learning the Steps of the BPCIA's Patent Dance: Notice of Commercial Marketing is Mandatory | September 2016
Protecting Trade Secrets? Beefy 'Defend Trade Secrets Act' to the Rescue | June 2016
Decoding Patent Eligibility of Diagnostic Methods | May 2016
Here, There and Everywhere: Jurisdiction and Venue in Patent Cases | April 2016
New Year, New Privilege: Patent Agents Gain Protection | March 2016
Concrete Signs of an Abstract Idea: Vehicle Intelligence May Peek Into the Future of Invalidity | February 2016
Proportionality in Perspective: Old Whine in New Bottles? | January 2016
2015
On-Sale Bar Raised by Federal Circuit? | December 2015
Two Sides to the Lens: U.S. Supreme Court and Federal Circuit Take Different Views? | April 2015
One Thumb Up, One Thumb Down | February 2015
Apportionment Gets a Whole Lot of Attention in Landmark VirnetX, Inc. v. Apple Inc. (Part I) | January 2015
2014
Is Alice Ten Feet Tall? New Guide for 'Unpatentable' Computer-Enabled Inventions | October 2014
Defining Indefiniteness: Supreme Court Says "Reasonably Certain" | September 2014
Induced Infringement Wobbles: Supreme Court Revives "Single Actor" | August 2014
Not-So-Expert Options? Daubert Challenges Abound in Apple Inc. v. Motorola, Inc. | June/July 2014
Easing "Exceptional Case," Supreme Court Again Relaxes Federal Circuit Rules | May 2014
New Look at De Novo: Supreme Court Tackles De Novo Review of Claim Construction | April 2014
Startling Jurisdiction Expansion? “At War” Standard Modifies “Case-or-Controversy” Requirement | March 2014
EMVR's Night of the Living Dead: EMVR Affects Damages Post-LaserDynamics | February 2014
2013
New "Belief" Defense to Induced Infringement: Fixing What Isn't Broken? | November 2013
Taking Exception to "Exceptional Case"? Supreme Court Scrutinizes Rules | October 2013
Keeping the Door Ajar? Federal Circuit Says "It Ain't Over 'Til It's Over" | September 2013
Top Secret or Tipped Secret? "Sealing Documents" Not So Simple | August 2013
Nature or Nurture? Myriad Decoded for Non-Biochemists | July 2013
Rand Royalties Revived: Does Microsoft Represent a "Georgia-Pacific" Test for Patent Royalties? (Part II) | June 2013
Rand Royalties Refreshed: A Primer for a Modified Georgia-Pacific Patent Royalties Test? (Part I) | May 2013
"Arising Under" Jurisdiction Put Asunder? Supreme Court Adds Strokes to "Jackson Pollock" Canvas | April 2013
Big Changes Signaled for Patent Litigation? Federal Circuit Plays En Banc Card | March 2013
Tight Corner for Patent Injunctions? New "Drivers Demand" Test Portends Mischief | February 2013
Not So Fast... Third Circuit Leaves Skid Marks on ESI "Costs" | January 2013
2012
Knotty or Nice? | December 2012
Lump Sum Under the Carpet? Can't Sweep 29 License Agreements under Reasonably Royalty Rug | November 2012
EMVR = Unobtainium? Federal Circuit Sets Unreachable Bar | October 2012
Two-Edged Sword: How 'Likely' Will Preliminary Injunction Cut the Wrong Way? | September 2012
Aiming for the Heart? Judge Posner Slings Arrows at Patent Damages | August 2012
Another Domino? The Conundrum of Antitrust Policy v. Patent Rights | July 2012
What's the Use? Understanding Method vs. Apparatus Use Infringement | Spring 2012
Claims Gone Wild? Courts Limit Number of Asserted Claims | February 2012
Win by Losing? Courts Applying New Rules to Ongoing Royalties | January 2012
2011
Disarming 'Atomic Bomb': Federal Circuit Clips Inequitable Conduct | December 2011
Knock It Off! Court Raises Bar for Inducing Infringement | November 2011
"Cardinal Sin" - The Solution (Part II): Limiting Imitations In Claim Construction | October 2011
"Cardinal Sin" - The Problem (Part I): Importing Limitations in Claim Construction | September 2011
Noose or Loose? Mind the Ensnarement Trap Door | August 2011
Stuff that Genie Back in the Bottle: Stop Wishful Thinking About Royalty Base, Rate and the EMVR | July 2011
Avoiding the Train Wreck: A $200 Million Lesson | June 2011
Bayh-Dole Scope Shrinks | June 9, 2011
Has the Bayh-Dole Spigot Run Dry? | May 2011
False Marking Update: The Beginning of the End or the End of the Beginning? | April 2011
Double the Trouble Double the Fun? Working with Hybrid Witnesses Under New Rule 26(a)(2) | March 2011
When It Takes Two to Tangle: Seven Things About Joint Infringement | February 2011
‘Who’d a Thunk It’ – Settlement Licenses Gain Traction and Put the Squeeze on NPE’s | January 2011
2010
Ghost of Claims Past – A Short Refresher on Jepson Claims | December 2010
When is Final ‘Final – Judgment Decisions to Guide Your Path | November 2010
Don't Get Spooked by Means-Plus-Functions 'Equivalents' | October 2010
Everything Under the Sun or Partial Eclipse? Ten Rules for Patentable Subject Matter | August/September 2010
What's Behind the Curtain? Exposing the Case Up Front with Twombly and Iqbal | July 2010
What to do Until the Life Guard Arrives . . . False Marking Claims After Forest Group and Solo Cup (Part II) | June 2010
Much Ado About Not Much? False Marking After Forest Group, Inc. v. Bon Tool Co., (Part I) | May 2010
Untangling a Mess in Texas: Lessons Learned From Transferring Venue in the Eastern District | April 2010
Assignor Estoppel: You Can’t Bite the Hand That Fed You | March 2010
Where to Begin? . . . How to Calculate “Reasonable” Percentage Rates for Reasonable Royalties | February 2010
Once Upon a Trial: Ten Tips for Telling Your Patent Story | January 2010
2009
Beauty or the Beast? Ten Rules for 30(b)6) Corporate Depositions in Patent Cases | December 2009
Extra-What? “Clear” Rules Continually Clarified on Extraterritorial Application of Patent Laws | November 2009
Watershed Damages Decision? CAFC Weighs in on Issues, Proof Requirements | October 2009
Intellectual Property Rights: Who’s on First? | September 2009
Cracking Open the Book of Wisdom: Where the Past Can Become the Present | August 2009
Analyzing Patent Exhaustion – Tired Yet? | July 2009
Some Things Never Change: Apportionment and the “Entire Market Value Rule" | June 2009
Marking – Old Wine in New Bottles | May 2009
Six Rules on the Road to Lost Profits Damages | March 2009