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“The Gripping (Griping?) Topic of (IP) Indemnification.” Oliver. Practising Law Institute - Advanced Licensing Agreements 2021 (January 2021)

Intellectual property licensing continues to grow increasingly complex with the legal, regulatory and technical landscape constantly evolving. Building and maintaining a successful and effective practice requires that practitioners stay sharp and current in a wide variety of key areas. Whether you are using licensing to develop technology, expand or create market opportunities, develop technology, or generate returns from existing assets, managing licensing transactions requires a broad and deep toolkit.

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Publication Publication

“SAS: When the Patent Office Institutes IPR It Must Decide Patentability of All Challenged Claims.” Quinn et. al. IPWatchdog (April 2018)

Yesterday the United States Supreme Court issued decisions in both Oil States v. Green Energy and SAS Institute v. Iancu. In Oil States the Supreme Court upheld the constitutionality of inter partes review (see here, here and here). In SAS Institute, a 5-4 majority ruled that there is no authorization in the statute for the Patent Trial and Appeal Board (PTAB) to partially institute a petition for inter partes review. Thus, the Supreme Court held that when the Patent Office institutes an inter partes review it must decide the patentability of all of the claims the petitioner has challenged.

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Publication Publication

“Industry Reaction to Supreme Court Decision in Oil State v. Green Energy.” Quinn et. al. IPWatchdog (April 2018)

Earlier today the United States Supreme Court issued its decision in Oil States v. Green Energy, finding that inter partes review is constitutional both under Article III and the Seventh Amendment to the United States Constitution. In a 7-2 decision, the Court determined that patents are a government franchise that are subject to review by the Patent Office even after granting, and can be revoked at any time.

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