Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712 Decided April 24, 2018 The Supreme Court held 7-2 that the U.S. Patent and Trademark Office’s inter partes review process does not violate the Constitution.
Client Alert | April 24, 2018
This March 2018 edition of Gibson Dunn's Federal Circuit Update discusses the three pending Federal Circuit cases before the Supreme Court that consider issues regarding inter partes review proceedings and extraterritorial damages, and a brief summary of the process for seeking an interlocutory appeal.
Client Alert | March 29, 2018
On March 2, 2018, the United States Court of Appeals for the D.C. Circuit decided an important case addressing two separate, still unsettled questions about the scope of copyright infringement liability.
Client Alert | March 9, 2018
New York partner Paul Torchia is the author of "Exmark v. Briggs: Role of Claim Language in Damages Apportionment" published by Bloomberg BNA's Patent, Trademark & Copyright Journal on February 2, 2018.
Article | February 2, 2018
This January 2018 edition of Gibson Dunn's Federal Circuit Update discusses the upcoming switch to NextGen CM/ECF at the Federal Circuit, the three pending Federal Circuit cases before the Supreme Court that consider issues regarding inter partes review proceedings and extraterritorial damages, and the Federal Circuit's motion procedures.
Client Alert | January 31, 2018
New York partners Jane Love, Robert Trenchard and Paul Torchia are the authors of "TC Heartland and Hatch-Waxman: Square Peg in a Round Hole," published in Law360 on January 30, 2018.
Article | January 30, 2018
2017 saw a number of interesting developments in trade secrets law, including the emergence of several trends under the Defend Trade Secrets Act, as courts grappled with the federal civil trade secrets statute enacted just over a year and a half ago.
Client Alert | January 19, 2018
Washington, D.C. partner Matthew McGill and San Francisco associate Alex Harris are the authors of "In re Cray Inc.: The Federal Circuit’s Antidote to Patent-Venue Forum Shopping," [PDF] published in the Washington Legal Foundation’s Legal Opinion Letters on December 8, 2017.
Article | December 8, 2017
This November 2017 edition of Gibson Dunn's Federal Circuit Update discusses the recent Friedman Lecture on Appellate Advocacy by Judge Alan Lourie, the two pending Federal Circuit cases before the Supreme Court that consider issues regarding inter partes review proceedings, and the Federal Circuit's en banc procedures.
Client Alert | November 30, 2017
We are pleased to present Gibson Dunn's fifth "Federal Circuit Year In Review," providing a statistical overview and substantive summaries of the 124 precedential patent opinions issued by the Federal Circuit over the 2016-2017 year.
Client Alert | November 2, 2017
Los Angeles associate Brooke Myers Wallace is the author of "Clarity at Long Last: Post-Verdict Compensatory Patent Infringement Damages," [PDF] published by Bloomberg BNA's Patent, Trademark & Copyright Journal on September 15, 2017.
Article | September 15, 2017
House Passes the SELF DRIVE Act, Consideration in Senate Committee Hearing on Including Large Commercial Autonomous Vehicles, and New Department of Transportation Guidelines
Client Alert | September 14, 2017
Palo Alto partner Mark Lyon and associates Alison Watkins and Ryan Iwahashi are the authors of "When AI Creates IP Inventorship: Issues to Consider," [PDF] published by Law360 on August 10, 2017.
Article | August 10, 2017
Los Angeles associate Brooke Myers Wallace is the author of "The Continued Relevance of the Intellectual Property Umbrella: What Patent, Copyright, and Trademark Lawyers Can Learn From One Another," [PDF] published by Bloomberg BNA's Patent, Trademark & Copyright Journal on August 8, 2017.
Article | August 8, 2017
This July 2017 edition of Gibson Dunn's Federal Circuit Update discusses four recent Supreme Court decisions covering venue, exhaustion, biosimilars, and offensive trademarks, and two Federal Circuit cases regarding inter parties review now pending before the Supreme Court. This update also includes summaries of the two appeals pending before the en banc court, also regarding inter partes review procedures. Also included is an overview of the process for cross-appealing before the Federal Circuit, as well as summaries of a pair of key recent decisions relating to fee awards that reach opposite results.Federal Circuit NewsThe Supreme Court continues to be very active in its review of Federal Circuit decisions, issuing four opinions in the last two months.
Client Alert | July 31, 2017
At the middle of 2017, Gibson Dunn's Media, Entertainment and Technology practice group has taken stock of another particularly active period in deal-making, developments in both live and on-demand streaming, the rise of eSports, and a plethora of key cases and rulings that together provide a crucial snapshot of trends in these ever dynamic industries.
Client Alert | July 19, 2017
Orange County partner William Rooklidge and Los Angeles associate Brooke Myers Wallace are the authors of "Patent Assignments and Licenses: The Grant Clause and Related Patents," [PDF] published in Bloomberg BNA: Patent, Trademark & Copyright Journal on July 14, 2017.
Article | July 14, 2017
William Rooklidge is the co-author of "Rejecting Laissez-Faire Approach To Patent Damages Experts," [PDF] published by Law360 on July 6, 2017.
Article | July 6, 2017
Orange County partner Blaine Evanson and associate Christina Lopez are the authors of "Giving Offense is a Viewpoint," [PDF] published in The Daily Journal on June 23, 2017.
Article | June 23, 2017
On June 19, 2017, the Supreme Court unanimously held in Matal v. Tam that a decades-old statute prohibiting the registration of disparaging trademarks violates the First Amendment to the U.S.
Client Alert | June 21, 2017
Orange County partner Jeff Thomas and associates Anne Brody and Pamela Lee are the authors of "Update on Discovery of Patent Prosecution Communications," [PDF] published by Law360 on June 20, 2017.
Article | June 20, 2017
On May 22, 2017, the U.S. Supreme Court narrowed the scope of proper venue for patent infringement actions for domestic corporations. See TC Heartland LLC v. Kraft Foods Grp.
Client Alert | June 15, 2017
This May 2017 edition of Gibson Dunn's Federal Circuit Update discusses the upcoming 2017 Federal Circuit Bar Association Bench & Bar Conference, summarizes a recent decision regarding patent venue from the Supreme Court, and also catalogues both the Federal Circuit cases pending before the Supreme Court and the two pending en banc cases at the Federal Circuit. This update also summarizes three key decisions from the Federal Circuit these last two months relating to patent eligibility, claim construction, and damages.Federal Circuit News2017 Federal Circuit Bar Association Bench & Bar Conference. The Federal Circuit Bar Association will be holding its annual Bench & Bar Conference between June 21–24, 2017. This year's Bench & Bar Conference will be held
Client Alert | May 24, 2017
Washington, D.C. partner Howard Hogan and associate Anthony Vita are the authors of "High Court Laches Rulings Likely Won't Affect TM Cases," [PDF] published by Law360 on May 22, 2017.
Article | May 22, 2017
On March 22, 2017, the Supreme Court issued its decision in Star Athletica v. Varsity Brands, holding that design features incorporated into clothing and other useful articles are copyright eligible under Section 101 of the Copyright Act, 17 U.S.C.
Client Alert | March 31, 2017
This March 2017 edition of Gibson Dunn's Federal Circuit Update discusses summary affirmance at the Federal Circuit, two recent Supreme Court decisions on laches and exhaustion, and the Federal Circuit cases now pending before the Supreme Court. This update also provides an overview of the process for petitioning for mandamus before the Federal Circuit. Also included are summaries of the two pending en banc cases involving motions to amend claims during inter partes review and judicial review of timeliness determinations in inter partes review, as well as a two key recent decisions relating to admissibility of settlement agreements in support of a reasonable royalty and eligibility of a patent for covered business method review.Federal Circuit NewsSummary Affirmance Before the
Client Alert | March 28, 2017
On February 22, 2017, the Supreme Court issued its decision in Promega v. Life Technologies, holding that the supply from the United States of a single component of a patented invention to be assembled overseas does not constitute patent infringement under 35 U.S.C.
Client Alert | March 22, 2017
Washington, D.C. partners Howard Hogan and Lucas Townsend are the authors of "Where Does Judge Gorsuch Fall on IP?" [PDF] published in The National Law Journal on February 13, 2017.
Article | February 13, 2017
Dallas partner Tracey Davies and associate David Tobin are the authors of "Fair-Use Implications of Using the Logos of Others," [PDF] published in Science & Technology/Intellectual Property Law by the Dallas Bar Association in February 2017.
Article | February 1, 2017
2016 saw a number of significant developments in trade secrets law, including the passage of the Defend Trade Secrets Act, the first—and highly-anticipated—federal civil trade secrets statute. On the criminal side, the Obama Administration continued to aggressively prosecute individuals for trade secret theft and cyber-espionage, including a number of foreign actors, as well as a professional baseball executive who pled guilty to illicitly accessing a rival team's scouting reports. In the civil realm, we saw several high-dollar jury verdicts and one court concluding that the location of bee hives is a trade secret. Jason Schwartz, Greta Williams, Michael Jaskiw and Brittany Raia discuss these and other significant 2016 developments in trade secrets
Client Alert | January 27, 2017
This January 2017 edition of Gibson Dunn's Federal Circuit Update discusses current news and pending Federal Circuit cases before the Supreme Court and provides an overview of the oral argument process and panel assignment at the Federal Circuit. Also included are summaries of the two pending en banc cases involving motions to amend claims during inter partes review and judicial review of timeliness determinations in inter partes review as well as a series of key recent decisions relating to the requirements for standing when appealing a decision of the Patent Trial & Appeal Board ("PTAB"), divided infringement, and indefiniteness of claims using terms of degree. Federal Circuit NewsFormer Chief Judge Rader is reportedly in consideration for leadership of the U.S.
Client Alert | January 26, 2017
Washington, D.C. partner Howard Hogan is the author of "Where Will The Cards Fall When Trump Reshuffles The Deck on IP Policy?" [PDF] published in Forbes on January 20, 2017.
Article | January 20, 2017
Orange County partner Blaine H. Evanson and associate Christina R.B. López are the authors of "Offensive Trademark Arguments at High Court," [PDF] published in the Daily Journal on January 18, 2017.
Article | January 18, 2017
Over the last eight years, the German economic recovery seemed very robust to any sort of political and financial turbulences occurring in the EU and world-wide.
Client Alert | January 13, 2017
In December 2016, the Supreme Court decided to review two cases that could change the patent litigation landscape in important ways.
Client Alert | January 3, 2017
We are pleased to present Gibson Dunn's fourth "Federal Circuit Year in Review," providing a statistical overview and substantive summaries of the 134 precedential patent opinions issued by the Federal Circuit over the 2015-2016 year.
Client Alert | December 7, 2016
This November 2016 edition of Gibson Dunn's Federal Circuit Update discusses pending updates to the Federal Circuit Rules of Practice and the upcoming holiday schedule at the Federal Circuit. Also included are summaries of the pending en banc case involving motions to amend claims during inter partes review as well as a series of key recent decisions, including an en banc decision focusing appellate review only on issues meaningfully raised by the parties on appeal, the definition of a covered business method patent, disavowal of claim scope, ineligibility under § 101, and pleading standards for joint infringement.Federal Circuit News The Court will close at 2:00 p.m.
Client Alert | November 30, 2016
New York associate Ryan Oringer is co-author of "A Proposed Framework for Transforming Fair Use Analysis in the World of Mass Digitization" [PDF] published on November 11, 2016 by Bloomberg BNA's Patent, Trademark & Copyright Journal.
Article | November 11, 2016
This September 2016 edition of Gibson Dunn's Federal Circuit Update discusses the steep rise in appeals from the Patent Trial & Appeal Board due to the America Invents Act. The Update also includes a practice tip regarding the procedure for seeking rehearing of an adverse panel decision. Also included are summaries of the pending en banc case involving motions to amend claims during inter partes review as well as a trio of key recent decisions including two recent developments in Federal Circuit jurisprudence on patent eligibility under Section 101 and one recent decision on the application of common sense in an obviousness inquiry.Federal Circuit NewsOn September 16, 2012, the Leahy-Smith America Invents Act ("AIA") became effective and established the Patent Tri
Client Alert | September 29, 2016
This July 2016 edition of Gibson Dunn's Federal Circuit Update discusses the Supreme Court's recent reversal and remand of the Federal Circuit in Halo Electronics, Inc.
Client Alert | July 27, 2016
Orange County associates Anne Brody and Natalie Dygert are the authors of "Shifting Expert Fees in Intellectual Property Litigation" [PDF] published in the Summer 2016 issue of the Association of Business Trial Lawyers Report.
Article | July 1, 2016
Century City of counsel Angelique Kaounis is the author of "Are Your Client Lists Trade Secrets?" [PDF] published on May 19, 2016 by Daily Journal.
Article | May 19, 2016
On May 11, 2016, in a rare display of bi-partisan unity, President Obama signed the Defend Trade Secrets Act of 2016 ("DTSA"), after the House of Representatives approved the bill by a vote of 410-2 and the Senate approved it unanimously.
Client Alert | May 11, 2016
Washington, D.C. partner Howard Hogan, New York partner Robert Weigel and associate Anne Coyle are the authors of "Follow the Money" [PDF] published in the April/May 2016 issue of World Trademark Review.
Article | April 29, 2016
Included in this March 2016 edition of Gibson Dunn's Federal Circuit Update is a brief overview of the upcoming Federal Circuit Judicial Conference, a summary of the pending en banc case (Medicines Co.), and a practice update regarding a proposed change to one of the Federal Circuit's internal operating procedures. Also included are summaries of a number of key recent decisions related to patent exhaustion, the patent-agent evidentiary privilege, due process issues related to election of asserted claims, and the overlap between antitrust and inequitable conduct. Gibson Dunn prevailed in two cases since our last update: In Rembrandt Social Media, LP v. Facebook, Inc., No.
Client Alert | March 24, 2016
Los Angeles partner Blaine Evanson and Orange County associate Taylor King are the authors of "Enhanced Patent Damages Arguments at High Court" [PDF] published on February 17, 2016 by The Daily Journal.
Article | February 17, 2016
Gibson Dunn is pleased to announce its inaugural edition of the Federal Circuit Update, a bimonthly electronic newsletter designed to provide our clients and friends with a concise summary of recent activity at the U.S.
Client Alert | January 27, 2016
Dallas partner Tracey Davies, of counsel Michael Valek, and associates Andrew Lin and Theodore Kwong are the authors of "Patent Disputes Over Biologics: Will Anyone Come To The Dance?" [PDF] published on January 7, 2016 by The Texas Lawyer.
Article | January 7, 2016
Denver partner Jessica Brown and associate Tafari Lumumba are the authors of "Trade Secrets: 10 Keys to Successful Litigation" [PDF] published in the January 2016 issue of The Colorado Lawyer.
Article | January 1, 2016
We are pleased to present Gibson Dunn's third "Federal Circuit Year In Review," providing a statistical overview and substantive summaries of the 110 precedential patent opinions issued by the Federal Circuit over the 2014-2015 year.
Client Alert | November 9, 2015