September 21, 2017

Impact of Recent Supreme Court and Federal Circuit Decisions on IP Cases

Recent Supreme Court decisions on intellectual property law have changed the world for intellectual property holders, and the evolving post-grant landscape continues to be shaped by the Federal Circuit. Fish attorneys Lauren Degnan and John Dragseth discussed the possible consequences of recent IP cases including:

  • TC Heartland – how is this critical venue decision affecting where patent cases are filed, and how are parties and courts working around it?
  • Halo – one year later, what has been the practical effect of loosening the standard for damage enhancement?
  • Matal v. Tam – Is this a one-hit wonder, or will it have broader impact at the PTO and in the market?
  • Lexmark – what does this international exhaustion case mean in the real-world marketplace for patentees and their competitors?
  • Sandoz v. Amgen – what does the future look like for biologics disputes?
  • Post-Grant Due Process – we will discuss the various Federal Circuit decisions that impose limits and requirements for post-grant proceedings, and the practical results of those decisions and strategies that can take advantage of the decisions.
  • Section 101 – without beating a tired horse, we will fit the last year of decisions into the “framework” already created by the courts.

We also previewed the pending cases relating to constitutionality of post-grant proceedings (Oil States), reviewability of post-grant institution decisions (Wi-Fi One), and procedures for amending claims in an IPR (In re Aqua).

Lauren Degnan, Principal
John Dragseth, Principal
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