Significant Recent Opinions form the Supreme Court and Federal Circuit

On September 8, 2015, CincyIP welcomes John Luken and Matt Molloy, both Partners at Dinsmore & Shohl, LLP, to discuss Significant Recent Opinions form the Supreme Court and Federal Circuit.

Mr. Luken and Mr. Molloy will discuss recent opinions from the Supreme Court concerning whether patent claim construction is purely a legal issue for a judge or whether it has factual components, whether a patentee can impose post-expiration royalties on a licensee, whether a good faith belief by an accused infringer that a patent is invalid can negate the requisite intent to prove inducement, whether trademark tacking is a question of law or a fact issue for a jury, and whether decisions of the Trademark Trial and Appeal Board can have issue preclusive effect on concurrent or later district court proceedings involving the same parties.

From recent Federal Circuit cases, Mr. Luken and Mr. Molloy will discuss the continuing fall-out from the Supreme Court decisions in Mayo, Myriad, and Alice on patent eligibility for computer-implemented inventions as well as for medical and biological inventions.  They will also discuss the current standard for determining willful infringement, whether the Supreme Court’s Petrella decision on the copyright side effects the application of the laches defense on the patent side, and whether the Supreme Court’s Kirtsaeng decision on international copyright exhaustion will affect exhaustion on the patent side.  They will also touch on other cases that concern claim definiteness after Nautilus, divided infringement after Akamai, and claim construction after Teva.  Finally, the Federal Circuit’s approval or disapproval of the Patent Trial and Appeal board’s conduct of post-grant proceedings under the AIA, including the Board’s use of the “broadest reasonable interpretation” standard for claim construction, will be discussed.

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