FPA Patent Attorneys’ Post

Traditionally, the Federal Circuit used en banc review to shape patent law, but in 2018, it stopped doing so without explanation. This great article explores potential reasons for this, including the influence of the PTAB and other external factors, like Supreme Court rulings and judicial turnover. This article understandably argues for the revival of en banc reviews to promote consistency in patent law interpretation. And yes, there was one design patent en banc in May of this year - LKQ.

My article describing the Federal Circuit's lack of en banc review in patent cases, its potential causes, and why it should resume its prior practices is now published in the Harvard Journal of Law & Technology. https://lnkd.in/eJVz6dUn

The title of your design patent application plays a crucial role in its success. A well-crafted title ensures: -Effective Protection: Clearly identify your design's unique features for optimal coverage. -Streamlined Process: Facilitate a smoother examination and potential future enforcement actions. Share your design patent questions in the comments below. Our IP experts at ADLI Law are here to help! #ADLI #DesignPatent #IntellectualProperty #StrategicTitling #IPLaw

On this National Day of Service and Remembrance, Paul & Paul take a moment to honor the innovative spirit and resilience of those affected by the events of September 11. Our focus on intellectual property law underscores our belief in the power of ideas to transform the world. Today, we remember the past while committing to protect and nurture the future of creativity and innovation for a stronger community and nation. #September11 #InnovationResilience #IntellectualProperty

My article, which was published in Law360, made it to the top three most-read expert analyses of the week. Link to article: https://lnkd.in/gcCV7Y_7 Link to the hottest stories on Law360: https://lnkd.in/gMwbtYcb

Well done Annette Kur, nari lee, and Anna Tischner on publishing the open-access book "Fairness In Intellectual Property Law: Searching for a Uniform Concept" for the Edward Elgar Publishing Monographs in Intellectual Property Law (series edited by Graeme Dinwoodie, rochelle dreyfuss, Annette Kur). It's great to see that, across disciplines, many excellent scholars are increasingly contributing to the much-needed systematization of the concept of fairness, a concept that is way too often taken for granted in the algorithmic fairness age. https://lnkd.in/eQH2DhpP

Imagine trying to understand the subtle differences between an Australian, an American, and a European accent. Each has its quirks, and just when you think you've got a handle on one, you're thrown a curveball by another. This is a lot like navigating the intricacies of design law across these diverse legal landscapes. With reference to the 2023 case of Wynnes Patent and Trade Marks Attorneys Pty Ltd v Wamlez Pty Ltd, Sarah Barclay provides an overview on what makes Australian design law unique and offers advice on how you can ensure your design speaks the local language, loud and clear. https://lnkd.in/g_-TenFJ #iplaw #designlaw #intellectualproperty

Ever chatted with me overseas? Then you've navigated my Kiwi accent AND my passion for design law. In my latest piece, sparked by the 2023 case of Wynnes Patent and Trade Marks Attorneys Pty Ltd v Wamlez Pty Ltd, I dive into what sets Australian design law apart. It's all about ensuring your design speaks the local language, clearly and compellingly. Whether you're in design, law, or just love a good accent, this read is for you! Let's make sure your design not only stands out but communicates effectively in the Aussie legal landscape. #DesignLaw #AustralianDesign #LegalInsights

I wrote previously that the Federal Circuit panels in substantive patent law decisions are rarely reviewed by the court en banc and alluded that Sup. Ct. review is likely DOA. Mark (Mark Lemley) and Paul published this law review article on the Federal Circuit's patent cases and how they fared at the Sup. Ct. You'll note that most Sup. Ct. patent cases are in the peripheral laws (jurisdiction, civil procedure, evidentiary rules and proofs, etc.) and not in the "core" or heartland of patent law (e.g., infringement, invalidity, damages, prior art, claim construction, etc.). So if you are considering a Sup. Ct. petition, read this article first.

Exciting news! Iowa Law's Rantanen, Jason (with Nikola Datzov)will be publishing his new paper, "Predictable Unpredictability," in the Iowa Law Review! Check out the paper's SSRN link here: https://lnkd.in/gJ3gkEec #iowalawscholarship #patentlaw Congratulations, Jason!