Insights
Firm News

Attorneys React To High Court's PTAB Claim Construction Ruling

June 20, 2016 Media Coverage

Law360
June 20, 2016

"Attorneys React To High Court's PTAB Claim Construction Ruling"

Daniel Callaway commented on the U.S. Supreme Court decision in Cuozzo Speed Technologies LLC v. Lee that the Patent Trial and Appeal Board can continue to use a claim construction standard to review patents in America Invents Act reviews that is different from the one used in district court.

Mr. Callaway commented, "The court unanimously rejected the argument that an inter partes review is simply a mini court proceeding and that the PTAB should adhere to the claim construction standard applied by courts in infringement suits. Instead, the court recognized that IPR is a ‘second look’ at the PTO’s grant of a patent, and it deferred to the agency’s choice of the broadest reasonable construction standard for that administrative review. The result is that IPR will continue to be an effective option for accused infringers — and others — to demonstrate that a patent’s claims are invalid and should never have issued.”

Link to full article (subscription required). 

Firm Highlights

Event

How hiQ Labs v. LinkedIn and Cases Following It Have Changed U.S. Law on Scraping

Alex Reese is a speaker at OxyCon's 2022 web scraping conference for the session "How hiQ Labs v. LinkedIn and Cases Following It Have Changed U.S. Law on Scraping." To register for the conference, please click...

Read More
Publication

7 Tips to Help Financial Advisor Firms Protect Their Customer Lists

Customer relationships are a key asset for companies in the financial advising and wealth management industry. In California, however, the law is making it increasingly difficult to stop departing employees from soliciting customers after...

Read More
News

Farella Attorneys Named to 2022 Northern California Super Lawyers and Rising Stars

Thirty-four Farella Braun + Martel lawyers were named to the Super Lawyers and Rising Stars lists of top attorneys in Northern California for 2022. Super Lawyers: Carly Alameda – Business Litigation George Argyris &ndash...

Read More
Publication

PTO Director’s Fintiv Guidance Gives Petitioners New Tools to Avoid Discretionary Denial

The PTAB’s 2020 Fintiv decision established six factors that guide its discretionary denial of an IPR or PGR petition in view of a parallel court case.  The Fintiv factors give significant weight to scheduling...

Read More
Publication

Platform Ecosystems – The Landscape of US and EU Legislation (Webinar)

Stephanie Skaff and Nate Garhart discuss "Platform Ecosystems – The Landscape of US and EU Legislation." Several new bills targeting online platform companies are making their way through state and federal legislative bodies in the...

Read More
Publication

Platform Ecosystems: Computer Fraud and Abuse Act and Other Scraping Law Developments (Webinar)

Stephanie Skaff and Erik Olson discuss "Platform Ecosystems: Computer Fraud and Abuse Act and Other Scraping Law Developments." Web scraping has existed as long as the World Wide Web has, and as data has...

Read More
News

Managing Intellectual Property's IP Stars 2022 Ranks Farella Braun + Martel Lawyers; Firm Recommended for Patent Litigation

Farella Braun + Martel’s Daniel Callaway , James L. Day , Jeffrey M. Fisher , Winston Liaw , Eugene Mar , and Stephanie P. Skaff were recognized by Managing Intellectual Property in the 2022...

Read More
Publication

No Quarter: What Claims Doesn’t Section 230 of the Communications Decency Act Protect Platform Companies Against?

Depending on what you read or who you talk to, Section 230 of the Communications Decency Act (47 U.S.C. § 230) (CDA) is either a tool of censorship, a shield of Big Tech that...

Read More
News

Chambers USA 2022 Recognizes Farella Braun + Martel Lawyers, Practices

Farella Braun + Martel is pleased to announce that Chambers USA has recognized 14 lawyers and 6 practice areas in the legal directory’s 2022 edition. Individual California and Western U.S. Rankings: Sarah Bell &ndash...

Read More
Publication

Importance of Monetizing Intellectual Property Assets of a Portfolio Company

In this Upside episode, we explore developing and monetizing intellectual property assets of a portfolio company. How does a new company go about developing a patent portfolio? And why spend the time and effort...

Read More