Webinar - The More Things Change, The More They Stay The Same

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Moderator Donald R. Dunner Speakers Patrick J. Coyne David P. Frazier, Ph.D. Date Wednesday, August 22, 2012 Time 1:00 - 2:00 p.m. EDT

Keeping up with the growing body of case law is a must for IP lawyers. Federal Circuit decisions can impact a company's IP portfolio strategy on many levels and in significant or subtle ways. Some decisions are of particular importance and well worth a closer look.

Please join our panelists as they discuss:

Bard Peripheral Vascular, Inc. v. W.L. Gore & Assocs., Inc.

After affirming the trial court, the Court granted a petition to rehear the issue of whether willfulness is a question of law subject to de novo review and returned the case to the panel In one of his last decisions as an active judge, Judge Gajarsa, writing for the panel, held that willfulness is a question of law. Willfulness may result in enhanced damages and includes a variety of objective as well as subjective factors, making it more appropriate, in the panel's view, for resolution by the court. Preston v. Marathon Oil Co.

Preston involved a controlling question of Wyoming state law, namely, whether an at-will employment agreement can be modified without further consideration. Although the district court refused to certify the question to the Wyoming Supreme Court, the Federal Circuit did so on appeal. The Wyoming Supreme Court held that it can be modified. Preston v. Marathon Oil Co., 2012 WY 66; 277 P.3d 81 (2012). The Federal Circuit concluded that a modified agreement was binding. The case was controversial, and the Court reheard the case en banc and vacated the panel opinion. The en banc Court then evenly split, issuing a per curiam order affirming the trial court's decision. Does Preston indicate a new trend of certification, rather than guessing what another court would do? In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation

Builds on Supreme Court decision in i4i v. Microsoft Addresses burdens of proof in analyzing "objective indicia" of non-obviousness and the need to address such factors...