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June 14, 2019 | National Law Journal

States Not Immune From PTAB Proceedings, Federal Circuit Rules

Fifteen states had argued that they and their public universities shouldn't have to expose their patents to validity review at the Patent Trial and Appeal Board.
4 minute read
June 12, 2019 | The Recorder

Viasat, Acacia Face Off Over Fiber Optics

California's Viasat says it's owed more than $300 million for "theft" of its error correction technology, but Massachusetts' Acacia Communications says Viasat is simply misreading their license agreement.
6 minute read
June 11, 2019 | Law.com

Skilled in the Art: Fiber Optic Faceoff in SoCal + A Second Look at Return Mail. Plus, Stanford Asks: Who Moved My Claim Construction?

Viasat's and Acacia Communications' hot-button, high-stakes IP trial kicked off opening statements today, and Ken Fitzgerald of Fitzgerald Knaier and Michael Albert of Wolf, Greenfield & Sacks had some choice words for their opponents' clients.
13 minute read
May 31, 2019 | Law.com

Skilled in the Art: Viasat Trade Secrets Case Is All About Optics + Federal Circuit Says Alsup Must Abide 'Litigation Gimmick'

Ten years ago two networking companies embarked on a collaboration so ambitious it was dubbed “Project Everest.” Next week they'll square off in a California state courtroom over allegations of broken contracts and trade secret violations.
8 minute read
May 17, 2019 | Law.com

Skilled in the Art: Did SCOTUS Just Gift Universities an IPR Break? + NPE Litigation Just Got Easier to Follow

The Supreme Court on overruled a 40-year-old decision on sovereign immunity between the states.
6 minute read
March 12, 2019 | National Law Journal

States Unlikely to Enjoy Sovereign Immunity at PTO

Three Federal Circuit judges strongly hinted Monday that last year's decision on tribal sovereign immunity will foreclose state efforts to keep their patents away from the Patent Trial and Appeal Board.
5 minute read
March 11, 2019 | Law.com

Skilled in the Art: Two Judges Let Their Hair Down on Section 101 + Tech, Retailers Sound a Warning on Iancu

A Federal Circuit judge accused unnamed colleagues of waging "guerrilla warfare" against the Supreme Court's Alice decision.
10 minute read
March 05, 2019 | Law.com

Skilled in the Art: SCOTUS Answers IP Law's Small Questions + Delaware Bench Adds Yale-Educated Biophysicist

Let's just say it: It's been a dull term for intellectual property at the Supreme Court. Meanwhile, things are heating up at the Federal Circuit around sovereign immunity.
7 minute read
September 07, 2018 | Law.com

Skilled in the Art: The Scenes-a-Faire Fadeaway | RPX Picks Up Latham | Some Clues on Oil States Retroactivity

Cisco and Arista are seeking to vacate a judgment that was one of the first to apply copyright's “scenes-a-faire” defense in the software context.
7 minute read
August 21, 2018 | Law.com

Skilled in the Art: Good Luck, Bad Luck in Copyrights + IP Fee Lit Practice Tip

A look at events leading to Irell & Manella's defeat in an appeal over the rights to pre-1972 sound recordings and more big lateral news in the IP space.
8 minute read

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