Oil States: SCOTUS Preserves IPR Status Quo
On April 24, 2018, the Supreme Court of the United States, in a 7-2 majority, decided Oil States Energy Services v. Greene’s Energy Group, holding that Inter Partes Review (IPR)…
The Federal Circuit Weighs in on CRISPR
Gene editing was once quite difficult. Though it was not impossible to insert a new sequence of DNA into a bacterium and measure the effects, as recently as a decade…
Sandoz Inc. v. Amgen Inc. and Its Implications
Background of the Case: Sandoz Inc v. Amgen Inc., 137 S. Ct. 1664 (2017) is a case that involved statutory construction of the Biologics Price Competition and Innovation Act…
The Bayh-Dole Act Has Been Successful in Stimulating a Market for Federally Funded Inventions, Now It’s Time to Bring Those Inventions to the Public
The federal government has proved to be ineffective at bringing publically funded discoveries to the public. The Bayh-Dole Act of the 1980’s was intended to maximize the public’s return on…
Will Allergan’s Questionable New Licensing Tactic Kill Inter Partes Review?
In 2015, Allergan, a powerhouse pharmaceutical company, filed suit against generic companies for patent infringement. Allergan, Inc. v. TEVA Pharms. USA, Inc., No. 2:15-cv-1455-WCB (E.D. Tex. Oct. 16, 2017) hosted…
Video Games: A Growing Market and its Intellectual Property Needs
The video game industry is a rapidly growing market. The rising prize pools of video game tournaments and the popularity of streaming personalities are just a couple of the signs…
Time to Wake Up: Comparing Statutory Proposals to Escape Alice’s Looking Glass
By changing the word “art” to “process” in the 1952 Patent Act, Congress introduced one of the first changes to the statutory language of PSM since Thomas Jefferson penned the…
SCOTUS Decision in TC Heartland and Its Implications for Patent Venue
Background of the Case: Kraft brought a patent infringement suit against TC Heartland in the District of Delaware. Kraft is incorporated in Delaware and has its principal place of business…
The CRISPR Patents and Their Hindrance to Innovation
One of the major battles going on in patent law is that concerning the CRISPR gene-editing technology. Basically, this technology allows for the modification of genes in living organisms. As…
Lying In Wait: Patent Prosecution After the Elimination of Laches
In their March 21 decision on SCA Hygiene Products AB v. First Quality Baby Products LLC, the Supreme Court eliminated the laches defense in patent prosecution cases, potentially making it…