In this LIVE Webcast, a panel of thought leaders and professionals brought together by The Knowledge Group will provide and present an in-depth analysis of the fundamentals as well as recent developments in Standard Essential Patents Implementation and Enforcement: How to Mitigate Risk Issues. Speakers will also present all important issues surrounding this significant topic. Join us for this Knowledge Group Webinar!
Biotech and Pharma Patents and Trade Secrets: Regulatory Trends, Developments, and Issues You Need to KnowHarvey Baroso2021-07-27T01:43:44-04:00
Intellectual property (IP) rights are extremely valuable business assets, particularly in the pharmaceutical and biotechnology industries. With various legal complexities further intensified by the pandemic and by nation-state hackers, protecting inventions has never been an easy task.
The Alice Corp. Pty. Ltd. v. CLS Bank decision created a big shift in the patent law landscape, particularly in the evaluation of patent subject matter eligibility. Thus, leading to the rise in patent eligibility cases. However, the Alice decision’s flawed and vague interpretation left litigants and trial courts in sheer confusion.
In the U.S. and Canada, courts have designed the doctrine of obviousness-type double patenting (ODP) to prevent inventors from gaining an unjust extension of their patent rights by obtaining patent on the obvious variants of an invention. By rejecting and invalidating ODP, courts prevent the manipulation of issue dates and patent rights by patentees.
Calculating patent damages is no small feat. Foremost, practitioners need to establish a credible calculation that aligns with the circumstances surrounding a case. At the same time, this calculation should be clear in a way that triers of fact can understand and accept. Adding to the complexity are emerging litigation issues that constantly mold and remold the procedure. Thus, it is crucial that practitioners utilize applicable damages calculation methodologies cautiously.
Effective calculation of intellectual property damages is a crucial factor in any IP litigation. However, with significant court cases constantly shaping the process, several risk issues including apportionment analysis, royalty base issues, and damages calculation methodologies must be carefully considered to avoid unwanted risks and pitfalls.
There has been an upsurge in antidumping (AD) and countervailing duties (CVD) petitions in recent years. Commerce Department and International Trade Commission practice has evolved with this increase in the caseload. Not only can these duties be very significant, but some of these new developments make it harder for foreign manufacturers and U.S. importers to assess potential AD and CVD risk.
Overcoming Sections 101,102, 103 Conundrum for Biotech and Chemical Patents: Practical Guide in 2020Iwork OJT2021-05-18T06:27:01-04:00
In recent years, the hope on solving the patent eligibility conundrum is still up in the air. Precedential decisions interpreting and applying Section 101 from both the Supreme Court and the Federal Circuit created tangled patent eligibility rulings that have limited the ability to patent certain technologies. In connection with this, earlier this year, the members of the Senate Judiciary Subcommittee on Intellectual Property, along with members of the House, have produced a draft bill that will revise 35 U.S.C. Section 101. However, this draft bill is not yet available for there are still a lot of details to be discussed, and the proposed legislation is still to be determined. A mutual effort to produce a consistent subject matter eligibility framework is both an achievement and a raising opportunity for the year ahead.
What's new in trademark law in the age of COVID-19? Join seasoned trademark law experts, Stephen Jadie Coates (Coates IP) and Maureen Shannon (Rivian Automotive), as they discuss how the ramifications of the pandemic has impacted the practice of trademark law and their perspective on such changes. Speakers will also discuss recent cases and upcoming regulatory changes. They will also provide the audience with practical strategies for managing trademark issues in a rapidly evolving legal climate.
Effective management of patent portfolios can substantially boost a company’s bottom line. Businesses can realize their patent portfolio’s value more if they have a sound management plan.