Impact of Recent Supreme Court and Federal Circuit Decisions on IP Cases

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Recent Supreme Court decisions on intellectual property law have changed the world for intellectual property holders, and the evolving post-grant landscape continues to be shaped by the Federal Circuit. Fish attorneys Lauren Degnan and John Dragseth discussed the possible consequences of recent IP cases including:

  • TC Heartland - how is this critical venue decision affecting where patent cases are filed, and how are parties and courts working around it?
  • Halo - one year later, what has been the practical effect of loosening the standard for damage enhancement?
  • Matal v. Tam - Is this a one-hit wonder, or will it have broader impact at the PTO and in the market?
  • Lexmark - what does this international exhaustion case mean in the real-world marketplace for patentees and their competitors?
  • Sandoz v. Amgen - what does the future look like for biologics disputes?
  • Post-Grant Due Process - various Federal Circuit decisions that impose limits and requirements for post-grant proceedings, and the practical results of those decisions and strategies that can take advantage of the decisions.
  • Section 101 - without beating a tired horse, we fit the last year of decisions into the "framework" already created by the courts.

We also previewed the pending cases relating to constitutionality of post-grant proceedings (Oil States), reviewability of post-grant institution decisions (Wi-Fi One), and procedures for amending claims in an IPR (In re Aqua).

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