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Intellectual Property
The Taming of “Plain and Ordinary Meaning” in Patent Infringement Cases – Part 2
By Jatoriyae Dupree-Jones - February 9, 2021
One of the reasons for defining the plain and ordinary meaning is so the jury does not have to decide on the scope of the claim and it is clear to them what that scope is from the beginning.
The Taming of “Plain and Ordinary Meaning” in Patent Infringement Cases – Part 1
By Jatoriyae Dupree-Jones - February 8, 2021
For a patent infringement claim case, a court or special master must define the scope of the claim construction.
Chinese Universities Lead the World in AI-Related Patent Applications and Research Publications
By Nate Legum - May 23, 2019
In recent years, research into artificial intelligence (AI) has transformed multiple fields including visual perception and speech recognition. The International Data Corporation (IDC) estimates that worldwide spending on AI systems totaled $19.1 billion in 2018.
Toyota Offers Royalty-Free Access to Hybrid Vehicle Patents
By Nate Legum - April 22, 2019
Toyota Motor Corporation, the producer of the Prius, the world’s first mass-produced “green” car, recently offered royalty-free access to nearly 24,000 of its hybrid vehicle patents through 2030.
The Impact of Confidentiality on Reasonable Royalty Determinations in Patent Disputes
By Kyle Bailey - April 1, 2019
Under 35 U.S. Code § 284, a patentee involved in patent infringement litigation is entitled to recover damages “adequate to compensate for the infringement.”
WIPO Arbitration and Mediation Center Received Record Number of Case Requests in 2018
By Beth Graham - March 26, 2019
The World Intellectual Property Organization (“WIPO”) has announced its Arbitration and Mediation Center received a 15 percent increase in mediation, arbitration, and expert determination case requests in 2018.
ABA Passes New Guidelines on the Appointment and Use of Special Masters
By Kyle Bailey - March 19, 2019
At the January 2019 Midyear Meeting, the American Bar Association adopted the ABA Guidelines for the Appointment and Use of Special Masters in Federal and State Civil Litigation.
Federal Mediation Privilege: Considerations for Patent Mediation
By Kyle Bailey - March 13, 2019
Participants in patent mediation must be careful not to make assumptions regarding mediation privilege.
Using Arbitration Agreements to Waive the Right to Petition for Inter Partes Review
By Kyle Bailey - March 6, 2019
Since the Leahy–Smith America Invents Act (“AIA”) became effective in 2012, Inter Partes Review (“IPR”) has been a popular legal option for challenging patent validity.
Interpreting the Scope of Exclusion-From-Arbitration Clauses in the IP Rights Realm
By Kyle Bailey - February 27, 2019
The scope of arbitration clauses and exclusion-from-arbitration clauses are a common source of dispute.
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