On May 22 this year, the US Supreme Court decided the most eagerly-awaited patent case in many years, Festo v SMC. The case addresses a key issue for patent holders: what protection is available under the doctrine of equivalents. But was the decision as important as many people have claimed? What effect will it have for patent applicants and litigants in the US? And what impact will it have on the US Patent and Trademark Office, the Federal Circuit and district courts? MIP invited six senior IP practitioners in the US to a round table discussion, held at the Washington DC offices of Finnegan Henderson, to discuss the implications of the Festo decision, as well as other recent patent cases. James Nurton moderated the discussion
Unlock this content.
The content you are trying to view is exclusive to our subscribers.
Nirav Desai and Sasha S Rao at Sterne, Kessler, Goldstein & Fox explore how companies’ efforts to manage tariffs by altering corporate structures can undermine their ability to assert their patents and recover damages
Monika Żuraw, founder of Żuraw & Partners, discusses why IP should be part of the foundation of a business, and taking on projects that others walk away from
Susan Keston and Rachel Fetches at HGF explain why the CoA’s decision to grant the UPC’s first permanent injunction demonstrates the court’s readiness to diverge from national court judgments
IP, M&A, life sciences and competition partners advised on deal that brings together brands such as ‘Huggies’ and ‘Kleenex’ with ‘Band-Aid’ and ‘Tylenol’
Stability AI, represented by Bird & Bird, is not liable for secondary copyright infringement, though Fieldfisher client Getty succeeds in some trademark claims
In the fifth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss the ‘Careers in Ideas’ network and how to open access to the profession