Video of WLF’s 30th Annual Preview Briefing of US Supreme Court Term Now Available

Our annual briefing was moderated by WLF Legal Policy Advisory Board Chairman Jay Stephens and featured commentary on free-enterprise-oriented cases the Court will hear this Term by Neal Katyal of Hogan Lovells and Daryl Joseffer of King & Spalding LLP.

The following materials were provided to attendees:

With Three Cases on October 2016 Docket, US Supreme Court Poised to Expand Its Impact on Patent Rights

Kaminski_Jeffri_LRFeatured Expert Contributor – Intellectual Property (Patents)

Jeffri A. Kaminski, Venable LLP

The US Supreme Court will hear arguments on three patent cases in the October 2016 Term.  Each case addresses a different area of patent law. In Samsung v. Apple (argument October 11), the Court will address the amount of damages awarded for infringement of a design patent. In SCA Hygiene v. First Quality (argument November 1), the Court will decide if the equitable defense of laches is available in patent cases. Lastly the court will tackle the question of liability for infringement when the product is made in a foreign country and only one component of the infringing product is provided from the U.S. to the foreign country in Life Technologies v. Promega (argument date to be determined). Continue reading

Supreme Court Observations: Halo Electronics v. Pulse Electronics

Kaminski_Jeffri_LRFeatured Expert Contributor – Intellectual Property (Patents)

Jeffri A. Kaminski, Venable LLP

The U.S. Supreme Court’s recent Halo Electronics, Inc v. Pulse Electronics, Inc. decision changes the standard for awarding enhanced damages in patent litigation. The ruling reversed a 2015 U.S. Court of Appeals for the Federal Circuit decision that maintained that court’s longstanding approach to awarding enhanced damages.

In Halo, the Court altered the law on enhanced damages in three ways: 1) it eliminated the requirement to show objective recklessness; 2) it lowered the standard of proof from “clear and convincing evidence” to “preponderance of the evidence;” and 3) it adopted an abuse-of-discretion standard for the Federal Circuit’s review of a district court’s decision to grant enhanced damages. Continue reading

Federal Circuit Decision Final Word on Jurisdiction for Hatch-Waxman Act Patent Suits?

federal circuitOn June 20, 2016, the US Court of Appeals for the Federal Circuit declined to rehear en banc a panel’s decision in Acorda Therapeutics v. Mylan Pharmaceuticals from this past March.  The panel in Acorda ruled that when a generic drug manufacturer files with the FDA an Abbreviated New Drug Application (ANDA) for approval to market a generic drug, that manufacturer is subject to personal jurisdiction in any jurisdiction in which it plans to direct sales of that drug if and once FDA approves its ANDA.  Since then, three district courts in four separate decisions have applied Acorda to deny a generic manufacturer’s Federal Rule of Civil Procedure 12(b)(2) motion based, at least in large part, on the ANDA filing.   Continue reading

WLF’s Annual End-of-Term Review Assesses Key Supreme Court Free-Enterprise Decisions

The U.S. Supreme Court: October 2015 Term Review

Speakers: The Honorable Jay Stephens, Kirkland & Ellis LLP; Andrew J. Pincus, Mayer Brown LLP; Elizabeth P. Papez, Winston & Strawn LLP; Jeffrey B. Wall, Sullivan & Cromwell LLP

Our speakers discussed Court rulings in the areas of class actions, arbitration, the federal False Claims Act, intellectual property, federal regulation, and property rights.

With New Rights Manager, Facebook Creates New Tool to Fight Against ‘Freebooting’ and Copyright Infringement

facebookIn mid-April, Facebook unveiled a new tool to help copyright holders combat infringing behavior.  The move comes after digital content creators alleged that Facebook was building its growing video-sharing platform by acquiescing to third parties’ posting of videos originally uploaded elsewhere (known as “freebooting”).  Critics of freebooting argue that the practice hurts creators by siphoning off views (and thus ad revenue from them and the original video platform, such as YouTube).  The new tool, called Rights Manager, is Facebook’s attempt to end these illegal practices and encourage digital-content creators to bring more of their content to Facebook’s video-sharing platform. Continue reading

Supreme Court Will Address Two Key Patent “Inter Partes” Review Standards in “Cuozzo Speed Technologies” Case

Kaminski_Jeffri_LRFeatured Expert Contributor – Intellectual Property (Patents)

By Jeffri A. Kaminski, Partner, Venable LLP, with Leslie A. Lee, Associate, Venable LLP

In Cuozzo Speed Technologies v. Lee, the US Supreme Court will be deciding two important issues with respect to patent claim constructions in Inter Partes review (IPR) proceedings.  An IPR is a procedure instituted in the America Invents Act of 2012 (AIA) for challenging the validity of a United States patent before the United States Patent and Trademark Office (USPTO).  In Cuozzo the Court will resolve 1) what claim-construction standard should be used by the Patent Trial and Appeal Board (PTAB) in determining patent validity, and 2) whether the PTAB’s decisions are judicially reviewable.  PTAB is the entity within the USPTO that oversees IPR proceedings.  The case is set for oral argument on Monday, April 25. Continue reading