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Alert - August 14, 2017

The Paris Climate Agreement sets forth goals for the reduction of greenhouse gases with the magnitude and timeline for such reduction being self-imposed...

Alert - July 31, 2017

In late June 2017, Sen. Chris Coons (D-DE), Sen. Tom Cotton (R-AR), Sen. Dick Durbin (D-IL) and Sen. Mazie Hirono (D-HI) co-sponsored and introduced in the U.S. Senate the Support Technology and Research for Our Nation’s Growth and Economic Resilience  Patents Act of 2017...

Alert - July 18, 2017

It has been just over three years since the U.S. Supreme Court adopted a threshold test for determining patentable subject matter eligibility under §101 in Alice Corp. Pty. Ltd. v. CLS Bank Int’l. 134 S. Ct. 2347 (2014)...

Alert - July 12, 2017

On July 10, 2017, the Federal Circuit issued a decision in Genband US LLC v. Metaswitch Networks Corp. regarding the standard for proving irreparable harm for purposes of obtaining injunctive relief in a patent case...

Alert - June 28, 2017

On June 23, 2017, the Federal Circuit held that a party appealing a decision from the Patent Trial and Appeal Board (“PTAB”)...

Alert - June 26, 2017

The June 15 decision by the Federal Circuit, EmeraChem Holdings, LLC v. Volkswagen Group of Am., Inc., highlights the power of a procedural challenge to a final written decision by the PTAB...

Alert - June 22, 2017

This past Monday, June 19, the Supreme Court unanimously ruled that Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), is unconstitutional under the First Amendment.  Matal v. Tam, No. 15-1293, 582 U.S. ___ (2017).  Section 2(a), often referred to as the “disparagement clause”...

Alert - June 12, 2017

On June 5, 2017, the Federal Circuit arrived at two different conclusions concerning whether a case is exceptional under 35 U.S.C. § 285, reversing the district court in both cases...

Alert - May 31, 2017

On May 30, 2017, the United States Supreme Court issued a decision in Impression Products, Inc. v. Lexmark International, Inc. (Case No. 15-1189), limiting the use of patent rights to enforce post-sale restrictions on goods sold by the patent owner or the patent owner’s licensee...