As Jones Day’s PTAB Litigation Blog marks its 500th posting, Dave Cochran and Matt Johnson discuss current patent litigation developments, near-term trends, and how the PTAB is handling cases during the COVID-19 lock down.
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Intended to improve efficiencies and reduce processing errors, new rules implemented by the U.S. Patent and Trademark Office require electronic filing of trademark applications, and all submissions associated with applications. Requirements for trademark specimens of use were also updated.
Meredith Wilkes, Ilene Tannen, and Carrie Kiedrowski discuss the likely impact of the new requirements, talk about the problems created by fraudulent specimens, and preview Jones Day’s Women in IP initiative’s event calendar for 2020.
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2019 was undeniably a very active year for intellectual property law—there were notable Supreme Court decisions relating to trademarks and patent litigation, and significant developments relating to AI and life sciences.
2020 promises to be just as interesting. Jones Day’s Meredith Wilkes, Patricia Campbell, and Tracy Stitt explain what’s recently happened and let us know what to look for in the year ahead. They also talk about what Jones Day’s Women in IP initiative has planned for 2020.
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In Arthrex, Inc. v. Smith & Nephew, Inc., the Federal Circuit has held that appointments of Administrative Patent Judges of the Patent Trial and Appeal Board (“PTAB”) were in violation of the Appointments Clause of the U.S. Constitution. Jones Day’s Matt Johnson and Dave Cochran discuss the potential ramifications of this decision and talk about what parties to PTAB matters should do now.
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The U.S. Supreme Court’s ruling in Mission Product Holdings v. Tempnology, LLC holds interesting implications for both trademark law and bankruptcy law. Also, in Iancu v. Brunetti, the Court confirmed that trademarks cannot be refused registration on the basis that they constitute “immoral” or “scandalous” matter. Meredith Wilkes, Jennifer Swize, and Anna Raimer review the ramifications of these decisions and preview two additional trademark cases the Court will hear next session.
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Jones Day’s Dave Cochran and Matt Johnson discuss recent developments in patent litigation and appeals, including the continuing importance of the PTAB as a jurisdiction of first choice for patent disputes in the United States, and the impact of the Precedential Opinion Panel (“POP”) introduced late last year.
They also describe how filing strategies, as well as preliminary response strategies, should be altered as we mark one year since the U.S. Supreme Court’s landmark decision in SAS Institute v. Iancu.
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In Fourth Estate Public Benefit Corporation v. Wall-Street.com, the U.S. Supreme Court tackled questions relating to copyright applications vs. copyright registrations, while in Rimini Street v. Oracle, the justices ruled on how costs are measured in copyright litigation. Jones Day’s Jessica Bradley, Anna Raimer, and Meredith Wilkes explain the implications for copyright holders, applicants, and litigants. They also talk about what’s ahead for the Firm’s “Women in IP” initiative.
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Patent Trial and Appeal Board, or PTAB, defense litigation strategies continue to evolve. In a recent Law360 article, Jones Day Intellectual Property lawyers Dave Cochran, Mike Hendershot, and Matt Johnson explained why previous assumptions and strategies pertaining to PTAB litigation must be reconsidered.
Mr. Hendershot and Mr. Johnson clarify the importance of tight coordination between trial and PTAB counsel, fully developing noninfringement positions early, tailoring a PTAB petition to the claims and grounds truly at issue, and more in this Jones Day Talks podcast.
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Section 101 of the U.S. Patent Act─which identifies four categories of inventions or discoveries that are eligible for patent protection─presents a number of challenges to companies working on innovations in the life sciences space. Jones Day’s Patricia Campbell and Susan Gerber, who recently coauthored an article on this topic for The Intellectual Property Strategist, are joined by Meredith Wilkes in this edition of Jones Day Talks Intellectual Property. They discuss Section 101 and life sciences, and talk about what’s coming up for Jones Day’s Women in IP initiative.
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In its April 2018 decision in SAS Institute, Inc. v. Iancu, the U.S. Supreme Court held that when conducting an inter partes review, the U.S. Patent Office must determine the patentability of each of the claims challenged by the petitioner.
Jones Day partners Dave Cochran and Matt Johnson explain how SAS Institute reverses prior interpretations of the inter partes review statute and discuss where it has already affected litigation strategies for petitioners and patent holders. (Running time: 24:51)
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