Supreme Court Uproots Current PTAB Practice by Quashing Partial Decisions

By Trisha Farmer Lau and David G. Barker On April 24, 2018, in SAS Institute, Inc. v. Iancu, the Supreme Court held that the Patent Trial and Appeal Board (“PTAB”) must decide the validity of every patent claim challenged when it undertakes inter partes review under the America Invents Act (“AIA”).  In a 5-4 decision, the Court ruled in favor of SAS Institute, Inc., a software developer that filed an inter partes review petition and argued that the PTAB’s final decision must address all challenged claims in the petition. Before this decision, a U.S. Patent and Trademark Office regulation, 37   Read More »

Posted in Inter Partes Review, IP and Technology Litigation, Patent Litigation | Tagged , , , ,

Share this Article:

Supreme Court Confirms Inter Partes Review Is Constitutional

By Jacob C. Jones and David G. Barker In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, the United States Supreme Court held today, in a 7-2 decision, that the inter partes review process under the America Invents Act (AIA), 35 U.S.C. § 100 et seq. (2011), does not violate Article III or the Seventh Amendment of the U.S. Constitution. As we noted previously, inter partes review is a popular administrative proceeding where the Patent Trial and Appeal Board (PTAB; part of the United States Patent and Trademark Office) decides whether challenged patents are valid.  As of March   Read More »

Posted in Inter Partes Review, IP and Technology Litigation, Patent Litigation, Post Grant Proceedings | Tagged , , , , , ,

Share this Article:

California vs. Federal Practice: Document Requests and Depositions

California vs Federal Practice: Document Requests and Depositions

Posted in Uncategorized

Share this Article:

Billions Once Again on the Line After Federal Circuit’s Reversal in Oracle v. Google

By Rachael Peters Pugel and David G. Barker The Federal Circuit has reversed, for the second time, the much-followed copyright infringement case, Oracle America, Inc. v. Google LLC, which has been ongoing since 2010.  Oracle filed suit alleging Google copied and used 37 packages of Oracle’s Java application programming interface (“API”), as well as the structure, sequence, and organization (“SSO”) of those API packages, in its Android smartphone platform. Google and Oracle’s predecessor, Sun, began discussing Google’s licensing of the Java platform for mobile devices in 2005.  But the parties were unable to come to an agreement.  Google then worked   Read More »

Posted in Copyright Litigation | Tagged ,

Share this Article:

Second Circuit Holds News Video Clip Search Engine Is Not Fair Use

By Justin K. Powley and David G. Barker The Second Circuit held yesterday in Fox News Network, LLC v. TVEyes, Inc., that a media service offering a search engine of video clips from news networks violates copyright law. On appeal, the Second Circuit held that such use is not protected by the fair use doctrine. TVEyes records content, including closed-captioning text, of television and radio channels in real time, and indexes and stores the content in a text-searchable database. Clients search the database using words or phrases to retrieve a list of relevant video clips. Each video clip can be   Read More »

Posted in Uncategorized

Share this Article: