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DOMA goes down - Copyright goes up - U.S. v. Windsor, Supreme Court, No. 12-307, decided June 26, 2013 27 Jun 2013 | 04:35 am
The Supreme Court today handed down a far reaching decision throwing out an attempt by Congress to deny the benefits conferred by federal law on same sex couples legally married under state law holdin...
FTC v. Actavis: What Does It Mean for Reverse-Payment Settlements? 24 Jun 2013 | 10:08 pm
By Bradley Graveline and Jennifer Driscoll-Chippendale On June 17, 2013, the United States Supreme Court announced a rule that blurs the lines between antitrust and patent law in the context of Hatc....
An Unreasonable Royalty Rate is No Gaming Matter 22 May 2013 | 10:05 pm
By Mercedes Cook The Honorable Judge James L. Robart recently took on the challenging task of determining a reasonable and non-discriminatory (“RAND”) royalty rate for Motorola’s standards-essential ...
Third Thursday Emerging Company Webinar Series 10 May 2013 | 12:29 am
Please join Sheppard Mullin for our monthly webinar series educating entrepreneurs and emerging companies on the key legal issues they face during the growth of their companies. These complimentary 1-...
Things to Know About the Latest Final Interim Rules to Patent Term Adjustment 10 Apr 2013 | 10:46 pm
By Alex Chan On April 1, 2013, the U.S. Patent and Trademark Office (USPTO) published interim final rules revising several patent term adjustment (PTA) provisions in view of the AIA Technical Correct...
BONDing WITH NPE's - The requirement for security for costs or expenses under Section 1030 of the California Code of Civil Procedure 29 Mar 2013 | 08:49 pm
By Edwin Komen A little used and often overlooked provision of the California Code of Civil Procedure recently played an important role in three recent cases brought by AF Holdings LLC, a foreign ent...
Thin Copyrights - Protected But Not Infringed 24 Jan 2013 | 11:20 pm
By Edwin Komen Blehm v. Jacobs, 10th Cir., No. 11-1479, December 27, 2012 Some appellate decisions are worth examining because they plow new ground. Others serve to explain the ground that was plowe...
SIPO's Draft Measures on Service Invention 19 Dec 2012 | 12:15 am
By Harris Gao On November 12, the State Intellectual Property Office (SIPO) released the Draft Measures on Service Invention《职务发明条例草案(征求意见稿)》(the “Draft Measures”) for public comments. Generally spea...
A Troubling Trend For Personalized Medicine Patents 5 Dec 2012 | 11:14 pm
By Barry Wilson and Anthony Kuhlmann On Nov. 20, 2012, a three-judge panel of the Court of Appeals of the Federal Circuit, in PerkinElmer Inc., and NTD Laboratories Inc. v. Intema Ltd. (2011-1577), ...
Standards of Review: Implications for Patent Challengers 4 Dec 2012 | 10:52 pm
By Anthony Kuhlmann and Barry Wilson The standard of review is frequently cited but often overlooked as being outcome-determinative in patent cases. A recent trio of decisions by the Federal Circuit ...
