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Intellectual Property
Henry Schein and the Patent Eligibility Statute
By Beth Graham - February 25, 2019
In January, Sherry Knowles and Anthony Prosser published an intriguing law review article titled “Unconstitutional Application of 35 U.S.C. § 101 by the U.S. Supreme Court,” 18 J. MARSHALL REV. INTELL. PROP. L. 144 (2018).
A Tale of Two Arbitration Waivers: HTC Corporation v. Telefonaktiebolaget LM Ericsson
By Kyle Bailey - February 20, 2019
An ongoing legal battle between smartphone manufacturer HTC Corporation and networking and telecommunications company Ericsson offers a case study in the waiver of arbitration rights in the patent context.
SCOTUS to Hear Oral Argument Over Constitutionality of Inter Partes Review of Patents on Monday
By Beth Graham - November 22, 2017
On Monday, the United States Supreme Court will hear oral argument in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, et al., No. 16-712. In the case, the nation’s highest court will consider whether the controversial process that is currently used by the United States Patent and Trademark Office to analyze the validity of and cancel existing patents is constitutional.
SCOTUS to Consider Constitutionality of Inter Partes Review of Patents
By Beth Graham - June 19, 2017
Last week, the United States Supreme Court granted certiorari in a potentially significant patent case regarding whether the adversarial process currently used by the United States Patent and Trademark Office to analyze the validity of and cancel existing patents is constitutional.
SCOTX Asked to Reconsider Request to Vacate Arbitrator’s Award Based on Public Policy Grounds
By Beth Graham - November 22, 2016
In June, the Supreme Court of Texas denied a company’s petition for review that was filed after its motion to vacate an arbitral award of $3 million in legal fees issued to the company’s former law firm was denied.
International Arbitration of Patent Claims
By Beth Graham - October 11, 2016
Thomas H. Lee, Leitner Family Professor of International Law at Fordham University School of Law, has published “International Arbitration of Patent Claims,” in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2015 (Arthur W. Rovine, ed., 2016), Forthcoming; Fordham Law Legal Studies Research Paper No. 2849465.
Patent Arbitration: It Still Makes Good Sense
By Beth Graham - August 15, 2015
Peter Michaelson, Michaelson ADR Chambers, LLC, has published “Patent Arbitration: It Still Makes Good Sense,” Landslide (Journal of the ABA Section of Intellectual Property Law); July/August 2015, pp. 42-47. In his paper, Mr. Michaelson examines the future of patent arbitration following the implementation of the Leahy-Smith America Invents Act.
U.S. Supreme Court Holds Federal Circuit Must Provide More Deference to District Court Factual Findings in Support of Patent Claim Construction
By Beth Graham - January 21, 2015
In a 7-2 decision, the United States Supreme Court has rejected the U.S. Court of Appeals for the Federal Circuit’s practice of reviewing all instances of district court patent claim construction using a de novo standard. In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854 (January 20, 2015), a pharmaceutical company, Teva, held the patent for the manufacturing method used to create a drug called Copaxone.
Federal Judge Orders Google Wallet Consumer Privacy Dispute to Mediation
By Beth Graham - October 24, 2014
A federal judge in California has reportedly ordered a consumer privacy dispute that was filed against technology giant Google to mediation.
Wolves of the World Wide Web: Reforming Social Networks’ Contracting Practices
By Beth Graham - September 10, 2014
Michael L. Rustad, Thomas F. Lambert Jr. Professor of Law at Suffolk University Law School, and Thomas H. Koenig, Professor of Sociology and Anthropology in the Law and Public Policy program at Northeastern University, have published an interesting research paper entitled, Wolves of the World Wide Web: Reforming Social Networks’ Contracting Practices, Wake Forest Law Review (Forthcoming); Suffolk University Law School Research Paper No. 14-25.
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