Kevin Flynn

Answering Intellectual Property Questions From IP-Inexperienced Businesspersons

By Kevin Flynn on March 23, 2021 Posted in Intellectual Property

I recently reached out to a few clients, friends and former colleagues — all of whom are “IP-inexperienced” — to ask them what intellectual property (IP) answers they might find helpful during their workdays, no matter how basic the question might seem. Each person has a job that is not focused on IP matters but … Continue Reading

Standing Necessary To Appeal an Inter Partes Review Decision

By Kevin Flynn on October 14, 2019 Posted in Patent

Article III of the Constitution grants the federal judiciary the power to decide “cases and controversies.”[1] “Standing,” the legal concept ensuring that federal courts review only cases and controversies, focuses on the party bringing suit to analyze the appropriateness and constitutionality of judicial review. The court-limiting effects of standing help ensure that the separation of … Continue Reading

Apportioning for the Standard When Valuing Standards-Essential Patents

By Kevin Flynn on June 8, 2016 Posted in Federal Circuit, Patent

Commonwealth Scientific and Industrial Research Organisation (CSIRO), a national research organization of Australia, recently filed a petition for certiorari with the Supreme Court. CSIRO presents the following question: Is the Federal Circuit’s promulgation of rigid legal rules to control the weight to be given by the trier of fact to evidence of patent infringement damages … Continue Reading