Federal Circuit: Administrative Agencies Can Make Rules, But Must Also Follow Them

by Dennis Crouch Align Tech v. USITC (Fed. Cir. 2014) This Section 337 appeal is largely focused on the civil procedure associated with litigating cases before the United States International Trade Commission (USITC). In general, Section 337 investigations are conducted by administrative law judges (ALJs) who are employed by the USITC to determine various issues. […]
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Software Sector Leads Pack in 2Q Venture Funding and Biotech Sector Finishes Second

By Donald Zuhn — Last week, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, released the results of its MoneyTree Report on venture funding for the second quarter of 2014. The report, which is prepared by the NVCA and PriceWaterhouseCoopers LLP using data from Thomson Reuters, indicates that venture capitalists invested $ 12.968 billion in 1,114 deals in the second quarter, which constituted a 34% increase in dollars and a 13% decrease in deals as compared with the first quarter of 2014, when $ 9.710 billion was invested in 985 deals (see chart below, which…
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Federal Circuit Orders District Court to Stay Litigation to Await Conclusion of Later-Filed Post-Issuance Review (CBM) Proceeding

By Dennis Crouch VirtualAgility Inc., v. Salesforce.com, Dell, Dr. Pepper, et al. (Fed. Cir. 2014) The America-Invents-Act (AIA) created set of new and powerful administrative proceedings that allow third parties to challenge issued patents. These include post-grant review (PGR), covered business method review (CBM), and inter partes review (IPR). Congress maintained the less-powerful but still […]
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Developing Details on Our Tesla Patents

In a prior post, I discussed the Tesla-Patent Commons.  Further to that piece and the other media attention around Elon Musk’s announcement, there have been a couple of notable follow-on lists and analyses of the Tesla patents, which now belong to all of us. First, Envision IP published this infographic, which provides a nice breakdown [...]
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IPO Annual Meeting

The Intellectual Property Owners Association (IPO) will be holding its 42nd Annual Meeting on September 7-9, 2014 in Vancouver, Canada. Among the presentations being offered at the annual meeting are: • Recent U.S. Supreme Court Patent Case Law Update • America Invents Act (AIA) Trial Proceedings • Intellectual Property Valuation — A Case Study • Implementation of Section 101: Alice v. CLS Bank, Myriad, Mayo and More • Patent Pro’s Ideal Patent — Or, Why We Can Never Be Happy • Corporate IP Management • Views from the Bench at the Canada-U.S. Border • How to Effectively Protect and Enforce…
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