Articles

Retired Federal Circuit Chief Judges Battle Over Whether Chinese Court Can Prohibit U.S. Patent Lawsuit From Proceeding

January 5, 2021 by Jonathan H. Spadt, Benjamin E. Leace, Christopher H. Blaszkowski & Shayne D. Rasay, RatnerPrestia Our prior coverage of the recent developments in the global FRAND dispute between Samsung and Ericsson may be found here. SAMSUNG FILES ITS OPPOSITION, SUPPORTED BY THE DECLARATION OF THE HONORABLE RANDALL RADER Highlighting the jurisdictional issues […]

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From Unwired Planet to Samsung — Forum Shopping for Global FRAND Judgments

December 31, 2020 by Jonathan H. Spadt, Benjamin E. Leace, Christopher H. Blaszkowski & Shayne D. Rasay, RatnerPrestia Four months ago, the UK Supreme Court decided Unwired Planet International Ltd. v. Huawei Technologies Co Ltd. [2020] UKSC 37, holding that English courts have the ability to enjoin infringing activity when the infringer refuses to enter […]

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There’s An App (But Maybe Not A Copyright) For That

by Robert A. Esposito INTRODUCTION With the software copyright case Google LLC, v. Oracle America, Inc. now being decided by the Supreme Court after hearing oral arguments on October 7, 2020, software developers and the general public may wonder about the potential impact a decision in the case may have on the tech industry. At […]

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RatnerPrestia’s America – A Celebration of our Veterans!

Click here to access the complete booklet of RatnerPrestia’s America – A Celebration of our Veterans!

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Supreme Court to Decide If Patent Office Trials Pass Constitutional Muster

by Karen Riesenburger Poppel In 2012, Congress established certain processes in the Patent Office under which a third party could challenge the validity of issued patents.  One of these processes, known as inter partes review (“IPR”), has been widely used.  IPRs are typically filed by the Defendant/accused infringer in a concurrently pending federal patent infringement […]

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UK Supreme Court Says English Courts May Enjoin Infringing Activity Upon Refusal of Alleged Infringer to Enter a Global License of an International SEP Portfolio (Short Summary)

Written by: Shayne D. Rasay & Jonathan H. Spadt Editor’s Note: This Summary addresses only 1 of 5 holdings in the case. For a thorough review of the complete decision, click here. The Court’s decision can be found here: https://www.supremecourt.uk/cases/uksc-2018-0214.html In Unwired Planet International Ltd. v. Huawei Technologies Co Ltd. [2020] UKSC 37, the UK […]

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UK Supreme Court Affirms English Courts May Enjoin Infringing Activity Upon Refusal of Alleged Infringer to Enter a Global License of an International SEP Portfolio (Complete Summary)

Written by: Shayne D. Rasay & Jonathan H. Spadt Editor’s Note: Given the complexity of the procedural history and number of issues on appeal, this paper cites directly to the numbered paragraphs of the Court’s decision,  found here: https://www.supremecourt.uk/cases/uksc-2018-0214.html In Unwired Planet International Ltd. v. Huawei Technologies Co Ltd. [2020] UKSC 37, the UK Supreme […]

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Revisiting the AIA Prior User Rights Defense

Written by: Glenn E. J. Murphy & Shayne D. Rasay The Leahy-Smith America Invents Act (“AIA”) marked significant policy shifts in the U.S. patent system, most notably the AIA’s transition from a first-to-invent to a first-to-file regime.  Complementary to the first-to-file regime was the AIA’s expansion of the existing prior user rights defense to patent […]

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Incentivizing Innovation – Is Your Enterprise Missing Opportunities to Generate and Capture Valuable IP?

Written by: Stephen D. Harper, Ph.D. In today’s global business environment, a commercial enterprise must maintain its competitive edge by investing in research and development programs directed to innovative technologies.  If successful, such programs will create protectable intellectual property and help to ensure that the developing enterprise enjoys at least some measure of exclusivity with […]

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A Case for Complete Collaboration – The Future of Transportation

Written by: Jonathan H. Spadt Today there is generally consensus that electric vehicles are the future, and autonomous transportation (at varying levels) is going to become common over the next decade.  Beyond 2030, it may even take over substantially all transportation.  Although the ultimate impact of this transformation on society is not yet completely understood, […]

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