Remove topics en-banc-review
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See you Soon: Three Upcoming Events

Patently-O

Feb 6 12noon EST – Debating Design Patent Obviousness – Streaming via Suffolk – Free Event ( REGISTER HERE ) : The Federal Circuit has not held an en banc rehearing in a patent case since before COVID. Hope to see some of you there! GM, with oral arguments scheduled for February 5, 2024.

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Rethinking enablement: Court grants cert in Amgen v. Sanofi

Patently-O

Karshtedt, Seymore and Lemley filed an amicus brief supporting en banc rehearing at the Federal Circuit (PatentlyO post here ) as well as one supporting Amgen’s petition for certiorari. Amgen petitioned the Supreme Court for review, extensively citing the Karshtedt/Seymore/Lemley article. .

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Supreme Court on Patent Law for October 2022

Patently-O

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) But, it is tough to get the Supreme Court to hear a review on detailed factual findings. Judge O’Malley wrote in dissent.

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Appealing IPR Decisions – Art. III Standing in the Context of Litigation Settlements and Licenses

LexBlog IP

In its second decision between the parties on this topic, the court has dismissed the appeal for lack of Article III standing in Apple Inc. In response, Apple petitioned the Patent Trial and Appeal Board (“Board”) for inter partes review (“IPR”) of U.S. Qualcomm Inc. , No 20-1683 (Fed. Background. Patent Nos.

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Third Circuit Says Section 230 Doesn’t Apply to Publicity Rights Claims–Hepp v. Facebook

Technology & Marketing Law Blog

This creates the foundation for a possible Supreme Court review of this issue. This case is a good candidate for en banc review. The majority’s approach was undertheorized and pernicious–exactly the kinds of things that benefit from en banc review. About the Case. ” Implications.

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The Internet Survives SCOTUS Review (This Time)–Twitter v. Taamneh and Gonzalez v. Google

Technology & Marketing Law Blog

Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review. The fact that the Ninth Circuit didn’t rehear this case en banc is an indictment of the entire circuit. ” In other words, not even close.

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Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v. Attorney General

Technology & Marketing Law Blog

Unless/until it gets overridden by an en banc ruling or the Supreme Court, it sends a powerful cautionary message to thousands of legislators drafting anti-Big Tech bills to question the legitimacy of their regulatory efforts. the posts that platforms do review and remove or deprioritize.