Former Adjudication in the U.S. Patent Litigation - Res Juidcata and the Kessler Doctrine in The Federal Circuit -

2020 ◽  
Vol 15 (4) ◽  
pp. 103-148
Author(s):  
Sangmin Jung
Keyword(s):  
Patent Litigation ◽  
Federal Circuit ◽  
The U.S

Conference Report—U.S. & German Bench and Bar Gathering: “A New Bridge Across the Atlantic”: The Future of American Patent Litigation

2013 ◽  
Vol 14 (1) ◽  
pp. 269-278
Author(s):  
David A. Hurst
Keyword(s):  
United States ◽  
Conference Report ◽  
The United States ◽  
Patent Law ◽  
Washington Dc ◽  
Patent Litigation ◽  
Current State ◽  
Federal Circuit ◽  
Bar Association ◽  
The U.S

The U.S. & German Bench and Bar Gathering, “A New Bridge Across the Atlantic,” held in Washington, DC, in May 2012, was aptly timed to discuss the developments in German and American patent law. The Federal Circuit Bar Association and the Patentanwaltskammer (German Patent Lawyers Association) brought distinguished judges and attorneys from their respective countries to discuss the current state of the two patent systems. This involved consideration of where the two systems might be converging and why the two countries have had dissimilar litigation patterns. Particularly with respect to the latter of these inquiries, much of the debate throughout the conference focused on the differences in litigation discovery and procedural rules. The conference highlighted the fact that, at the most fundamental level, these differences are a product of differing perceptions of how justice should be administered. A brief overview comparing patent litigation in Germany and the United States will help frame this report.

Can a Casualty Loss Be Deducted in the Absence of Physical Damage?

2018 ◽  
Vol 16 (2) ◽  
pp. 65-74
Author(s):  
Dan L. Schisler ◽  
Andrew M. Wasilick
Keyword(s):  
Physical Damage ◽  
Permanent Reduction ◽  
Federal Circuit ◽  
Definition Of ◽  
Circuit Courts ◽  
The U.S

ABSTRACT When a casualty event (storm, fire, landslide, etc.) does not cause actual physical damage, can a casualty loss deduction be taken by a taxpayer for a permanent reduction in value? There are conflicting opinions by two federal circuit courts, and the definition of “permanent” is still largely undefined. The relevance of this issue is of increased importance with the numerous recent major casualties affecting the U.S. mainland and territories. The 9th Circuit has adamantly held that actual physical damage must occur to have a deductible casualty loss, whereas the 11th Circuit has held that a permanent decrease in value can qualify as a deductible casualty loss even with little or no actual physical damage to the property.

Courtroom Proceedings in U.S. Federal Courts

2017 ◽  
Author(s):  
Timothy R. Johnson
Keyword(s):  
Supreme Court ◽  
Federal District ◽  
Federal Courts ◽  
District Courts ◽  
Open Court ◽  
Federal Circuit ◽  
Federal District Courts ◽  
Circuit Courts ◽  
The U.S

This article discusses courtroom proceedings in U.S. federal courts. It begins by examining how federal district courts conduct trials. To make clear how these proceedings run it compares what really happens in most trials compared to how Hollywood portrays trials. In addition, it considers several key rights associated with trial proceedings. From there, it considers how federal circuit courts conduct business in open court. A key aspect of this section is how circuit proceedings differ across the country because each circuit has different rules governing arguments. Finally, it assesses the oral arguments in the U.S. Supreme Court as well as how these proceedings may affect the decisions justices make. In each section it provides a descriptive overview of the processes and then discusses current research and direction for future analyses.

How the U.S. Courts View the Rights of Individual Patentees: A Case Study

2020 ◽  
Vol 21 (3) ◽  
pp. 229-236
Author(s):  
Fleur T. Tehrani
Keyword(s):  
Patent Litigation ◽  
Patent Rights ◽  
Recent Trends ◽  
Academic Inventors ◽  
Different Levels ◽  
The U.S

This article presents a case study of patent litigation involving an individual academic inventor and three manufacturers that were using her invention and marketing it worldwide. The article provides an overview of the invention, the patent covering it, and the manner in which the case was handled at different levels in the U.S. courts. A brief discussion of the recent trends in restricting patent litigation and some recommendations for improving and streamlining the process are provided. In addition, some of the possible impacts of implementing recently suggested measures that bear on the ability of individual and academic inventors to assert their patent rights are also discussed.

Game and Technology Co. v. Activision Blizzard – a look at how inter partes reviews change the game in patent suits

2019 ◽  
Vol 2 (2) ◽  
pp. 88-94
Author(s):  
Scott M. Kelly ◽  
Alex Nealon
Keyword(s):  
Final Decision ◽  
Patent Litigation ◽  
Effective Response ◽  
The Us ◽  
History Of ◽  
Federal Circuit

A June 2019 appellate decision marked the end of the patent assertion by Game and Technology Co. (GAT) against Activision Blizzard and Riot Games. 1 The patents at issue related to equipping virtual avatars with game items. Activision Blizzard was able to successfully invalidate the patent through inter partes review (IPR) proceedings at the US Patent and Trademark Office. This case illustrates the important role that IPRs play in US patent litigation, as well as the double-edged sword of obtaining very broad patent claims. The article walks through the history of the assertion, the invalidity arguments at the USPTO, and the final decision on appeal to the Federal Circuit, and discusses how IPRs may provide an effective response to patent assertions in the US.

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