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Patent Insights

Patent Insights

Death at a Funeral – or Birth? Why the German Court’s Decision on the UPC May Not be the End

“Even if the Alternative for Germany party, which is said to be critical of the UPC, and the communist party, which voted against subsequent UPC related legislation, were to vote against the approval act, the government should have no difficulty in securing a 2/3 majority.” On Friday, March 20, the German Constitutional Court (“Bundesverfassungsgericht”, “BverfG”) …

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Supreme Court Says State of North Carolina is No Copyright Pirate in Blackbeard Ruling

“The Supreme Court’s unanimous decision in favor of state sovereignty may be a bit surprising, given the skepticism expressed by several justices toward North Carolina’s case during oral arguments in the October 2019 Term…. But ultimately, in its March 23 decision, the justices looked in part to the Court’s previous decision in Florida Prepaid to …

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Federal Circuit Will Not Reconsider Arthrex Appointment Clause Ruling

“Instead of a limited review of weak patents that Director Kappos assured me would amount to no more than 500 cases a year, the AIA has created a tsunami of new cases…. The current judicial squabble over Arthrex and its implications may at least have the virtue of prompting Congressional review on the impact of …

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Navigating Court and USPTO Practices During the COVID-19 Crisis: Tips for Practitioners and Litigants

“Many courts across the country are encouraging hearings and arguments through video or teleconference. As the situation is dynamic and subject to change at any time, parties should be prepared to argue their cases remotely, no matter which court their case is before.” In the past week, the COVID-19 pandemic has led courts across the …

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