A Troll’s Refuge

Everyone is familiar with the phenomenon that is trolling and the ubiquitous troll face. Equally as familiar in the public conscious is the concept of the “patent troll,” a term that has been affirmed by the late, great Justice Scalia in Commil USA, LLC v. Cisco. The term has even been brought to the masses through the venerable learning mechanism of comedy via John Oliver. In a nutshell, patent trolls first obtain rights.. Read More

Rethinking Enhanced Damages: Stryker Oral Arguments

Last week the Supreme Court heard argument in Stryker Corp., et al. v. Zimmer, Inc., et al., docket no. 14-1520, which was the first time this term that the Court has considered a patent matter. Stryker, the petitioner and patent holder, invited the Court to overturn the Federal Circuit’s test for enhanced damages, which requires a showing of objectively reckless and willful infringement. Many patent holders would prefer that the Court side with.. Read More

After More Than 15 Years, the Federal Circuit Clarifies the “Actual Notice” Requirement for Post-publication, Pre-issuance Patent Infringement

The American Inventor’s Protection Act (AIPA) was passed in 1999 and added § 154(d) to title  35 of the United States Code, which provides a remedy for patent applicants for post-publication, pre-issuance patent infringement. Section 154(d) provides a right to obtain a reasonable royalty from the date of publication of the application to the date the patent is issued if the patent infringer had “actual notice of the published patent application” and “the invention as claimed in the.. Read More

The IP Implications of Video Game Mods

The size of the video game industry has expanded greatly from the early 2000s to the present. There are more games being released and sold today than ever before. However, not every video game is perfect for every person who buys it. Some games may have a bad story, have terrible visuals, or just be riddled with bugs. Even some of the critically-acclaimed games are not immune from this phenomenon. For many gamers,.. Read More

Conner Inn of Court “Fireside Chat & Reception”

The next meeting for the Conner Inn of Court is a Special “Fireside Chat & Reception” designed specifically Law Students and Associates.  It will be held on Thursday, February 11, 2016 at 6:00 p.m. at the Thurgood Marshall Courthouse, 40 Foley Square, in Room 145. This is a wonderful opportunity for students and associates to meet two U.S. District Court Judges in a casual yet informative open Q&A session format.  It is FREE to attend… Read More

Engelberg Center Conference: National Policies on Secondary Pharmaceutical Patents

Please join the Engelberg Center on January 23 for a day-long conference in which academics and industry experts consider the effectiveness of policies in the developed and developing world regarding secondary pharmaceutical patents and their implications for innovation and access to medicines.     For program details and a list of speakers, visit https://engelberg-center.squarespace.com/events/2016/1/23/national-policies-on-secondary-pharmaceutical-patents-their-effectiveness-and-implications-for-innovation-and-access-to-medicines-1 To register, RSVP to annemarie.hassett@nyu.edu.

Patent Trolls: To Fight or to Settle, That is the Question

“Patent Troll,” or Non-Practicing Entity (NPE), is a derogatory term used to label people or companies that exploit patents as a business strategy. A patent troll acquires patents to make profits by bringing patent infringement lawsuits. Rather than actually going through lawsuits, trolls seek to extort early settlements by filing frivolous suits and asking relatively small sums. One federal district court has defined a patent troll as “somebody who tries to make a lot of.. Read More

Gender Diversity in Technology: A Panel Discussion

Catch phrases such as “male allies,” “imposter syndrome,” and “implicit bias” were abound as over twenty-five women gathered in a New York University School of Law classroom to attend a panel discussion titled Gender Diversity in Technology. Hosted by NYU’s Law Women, Social Entrepreneurship & Startup Law Group, and Intellectual Property & Entertainment Law Society, the panel discussed the challenges that women face in the workforce generally, and in the technology sector in.. Read More

Dental Aligners and the Power to Regulate Digital Data

What started as a case between two makers of plastic braces at the United States International Trade Commission (ITC) has led to great interest from the entertainment industry and technology companies. Align Technology, Inc. makes the popular Invisalign® plastic braces and filed a complaint against their competitor ClearCorrect Operating, LLC at the ITC for infringing several of their patents on orthodontic aligners. The ITC is empowered by 19 U.S.C. § 1337 (Section 337).. Read More

A Tale of Two Statutes: New Questions on Patent Venue

Sweetener manufacturer TC Heartland recently petitioned the Federal Circuit for a writ of mandamus that asked the court to radically alter how patents are litigated in the United States. The issue presented calls into question basic law on venue for patent infringement, which for the past twenty-five years has been fairly permissive. If TC Heartland’s arguments are adopted, the much criticized practice of forum-shopping would be drastically curtailed. On October 23, TC Heartland.. Read More