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Return Mail May Make COFC More Attractive To Patent Holders

By BakerHostetler on June 20, 2019 Posted in Patent

This article was first published by Law360 on June 19, 2019. Authored by: William Bergmann and Michael Anderson In 2011 the Leahy-Smith America Invents Act created three new types of post-issuance proceedings to challenge patent validity: inter partes review,[1] post-grant review[2] and covered-business-method review.[3] These proceedings have proven to be popular avenues to challenge patent … Continue Reading

“All Expenses Paid” Is No Trip to the E.D. Va. for Patent and Trademark Applicants

By BakerHostetler on July 18, 2017 Posted in Patent, USPTO Litigation

Authored by: Kristie Butler, Summer Associate On June 23, 2017, the Federal Circuit confirmed in Nantkwest, Inc. v. Matal (No. 2016-1794) that patent applicants facing rejection from the Patent Trial and Appeal Board (PTAB) may seek relief in the Eastern District of Virginia under 35 U.S.C. §145, but ruled that these litigants must pay the … Continue Reading

Pharmaceutical Life Cycle Management: Navigating the New IP, FDA and Antitrust Terrain

By BakerHostetler on February 9, 2016 Posted in Uncategorized

Efforts to extend the life cycle of pharmaceutical products frequently involve innovations and improvements in product design, formulation, route of administration and treatment indications. In addition, negotiation of agreements with competitors, including generic and biosimilar manufacturers, is frequently employed as part of a life cycle management strategy. However, recent changes in patent, regulatory and antitrust … Continue Reading

BakerHostetler’s Oren Warshavsky, a Law360’s Voices of the Bar for Intellectual Property, comments on “What Shall We Do About ‘Orphan Works’?”

By BakerHostetler on September 30, 2015 Posted in Uncategorized

On September 22, Law360 published an article positing the question, “What should be done to more fairly enable the use of orphan works?” after the ruling determining that Warner/Chappell Music, Inc. does not own a valid copyright on “Happy Birthday to You.” Oren Warshavsky, head of BakerHostetler’s national Copyright, Content, and Platforms team and one … Continue Reading

The Supreme Court Again Rejects Post-Expiration Patent Royalties

By BakerHostetler on July 9, 2015 Posted in Uncategorized

Authored by: Samuel McMahon, 2015 Summer Associate In Kimble v. Marvel Entertainment, LLC, No. 13-720 (U.S. June 22, 2015), the Supreme Court, in a 6-3 decision with Justice Kagan writing for the majority, upheld its 1964 decision in Brulotte v. Thys, 379 U.S. 29, reaffirming that a patent owner cannot charge royalties for use of … Continue Reading

BakerHostetler’s Oren Warshavsky, a Law360’s Voices of the Bar for Intellectual Property, comments on “With High Court Mum On Java Copyrights, Is Innovation Safe?”

By BakerHostetler on July 2, 2015 Posted in Copyright

On July 1, 2015, Law360 queried the Supreme Court decision not to review Google Inc. v. Oracle America Inc. in their Voices on the Bar column. Oren Warshavsky, head of BakerHostetler’s national Copyright, Content, and Platforms team and one of Law360’s Voices on the Bar commented: “In a vacuum, the Federal Circuit’s holding could well … Continue Reading

Nominations Open for ABA Journal’s Top 100 Legal Blogs – IP Intelligence

By BakerHostetler on July 29, 2014 Posted in Uncategorized

The American Bar Association Journal announced that it is compiling its annual list of the 100 best legal blogs and invites readers to submit a nomination: Use the form below to tell us about a blog—not your own—that you read regularly and think other lawyers should know about. If there is more than one blog … Continue Reading

Partner Alan Friel Named Influential Lawyer by LA Business Journal

By BakerHostetler on July 25, 2014 Posted in Uncategorized

Partner Alan Friel was named among the “Most Influential Lawyers: Digital Media and E-Commerce Law” in the Los Angeles Business Journal’s July 21, 2014, issue. The list recognizes 30 Los Angeles attorneys who have demonstrated outstanding achievements in digital media and e-commerce law. Friel is noted in the publication as a “sought after counselor, speaker, and thought leader” who … Continue Reading

Legislative Watch: Trade Facilitation and Trade Enforcement Reauthorization Act of 2013

By BakerHostetler on November 19, 2013 Posted in Uncategorized

Editor’s Note: This article was originally published as a BakerHostetler Executive Alert on November 13, 2013 Authored by: Heather J. McDonald and Jenna Felz A proposed U.S. Senate Bill has the potential to change the way in which intellectual property infringement is reported and enforced. U.S. Senate Bill 662 (“S. 662”), the Trade Facilitation and Trade Enforcement Reauthorization … Continue Reading

Patent Troll Receives Push Back

By BakerHostetler on June 7, 2013 Posted in Uncategorized

Over the past eight months, thousands of businesses across the United States received the same five-page letter from “The Licensing Team” of any one of 40 shell companies affiliated with MPHJ Technology Investments, LLC: “We are the licensing agent for certain U.S. patents listed below. We have identified your company as one that appears to … Continue Reading