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Two Centuries of Trademark and Copyright Law: A Citation-Network-Analysis Approach
Get PDFThe Supreme Court has decided many more patent cases than trademark or copyright cases. This is so not just in the past decade—the focus of the tenth annual Supreme Court IP Review at the Chicago-Kent College of Law, in September 2019—but in the past 20 decades. In gathering the entire body of the Court’s IP caselaw for study with cita-tion-network-analysis tools, I found that patent cases greatly outnum-ber trademark and copyright cases. Moreover, patent cases, especially patent and antitrust cases, dominate the metrics for the most central cases in the citation network
Litigating Invalidity After IPR Resolution
Get PDFIt is becoming increasingly apparent that inter partes review (“IPR”) petitioner estoppel after the Patent Trial and Appeal Board (“PTAB”) issues a final written decision can have broad consequences on a petitioner’s invalidity defenses in civil actions. This article will examine the practical impact of IPR estoppel and discuss strategic considerations for IPR parties involved in parallel district court or International Trade Commission (“ITC”) actions. This article will address four main questions : (1) when and how a petitioner can use paper prior art in a § 102 or 103 defense after an unsuccessful IPR; (2) how IPR estoppel may impact invalidity defenses based on product prior art; (3) how IPR estoppel may impact a “known or used” invalidity defense; and (4) whether IPR estoppel applies when a petitioner prevails in an IPR. In limited circumstances, IPR petitioners may be able to pursue printed publication invalidity theories in parallel litigation after a PTAB final written decision. Yet, at the same time, IPR petitioners may face previously unexpected limitations on product prior art theories in parallel litigation after a PTAB final written decision
Vo. 37, No. 2
Get PDFWhat a Long, Strange Trip It’s Been: Marijuana’s Fifty-Year Journey from an Illegal Narcotic to a Lawful Recreational Drug and Whether Workplace Drug Polices Will Now Go Up in Smoke, by Bryan Diemer
Recent Developmentshttps://scholarship.kentlaw.iit.edu/iperr/1114/thumbnail.jp