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This week, in United States v. Arthrex, Inc., the Supreme Court vacated and remanded a decision by the Court of Appeals for the Federal Circuit (“the CAFC”), holding that the administrative patent judges (“APJs”) at the Patent Trial and Appeal Board (“the Board”) are unconstitutionally appointed. While the CAFC came to the same conclusion as the Supreme Court, the CAFC’s response was to make APJs removable at will by the Secretary of Commerce. In the…
Patent protection outside the U.S. can be important for a company to enter the global market and to build relationships with partners and investors both domestically and internationally.  In general, there are two options to file a patent application outside the U.S.: (1) file a Patent Cooperation Treaty (PCT) application and then enter the national phase of countries of interest; and (2) file a patent application directly in a foreign jurisdiction.  For both options, the…
Elizabeth Holmes, former CEO of the now-defunct blood-testing technology company Theranos, recently learned a harsh lesson on the complexities and pitfalls of attorney-client privilege.  As a result of a June 3, 2021 ruling in the U.S. District Court for the Northern District of California, critical communications between Holmes and Boies Schiller—Theranos’ counsel from 2011 to 2016—may be admissible at her federal criminal trial in late August on fraud and conspiracy charges. The ruling serves as…
Earlier this month, the Patent Trial and Appeal Board granted a request for rehearing in Maxlite, Inc. v. Jiaxing Super Lighting Elec. Appl. Co., Ltd., No. IPR2020-00208, Paper 14 (P.T.A.B. June 1, 2021), thereby instituting a previously-denied Inter Partes Review. In the decision, the Board admitted to abusing its discretion in initially denying Institution. In Maxlite, the Petitioner submitted a request for rehearing under 37 C.F.R. § 42.71(d), which provides that: A party dissatisfied with a…
In Van Buren v. United States, the Supreme Court resolved a circuit split as to whether a provision of the Computer Fraud and Abuse Act (CFAA) applies only to those who obtain information to which their computer access does not extend, or more broadly to also encompass those who misuse access that they otherwise have. By way of background, the CFAA subjects to criminal liability anyone who “intentionally accesses a computer without authorization or…
On April 29, 2021, Mountain View, California-based startup Ceribell, Inc. announced the completion of a $53 million Series C financing, co-led by Longitude Capital and The Rise Fund. Other new investors include RA Capital Management, Redmile Group and Red Tree Venture Capital, with additional support from existing shareholders. Ceribell, Inc. is the innovator of the Rapid Response EEG™, a novel non-invasive brain monitor designed to address the need for faster diagnosis in patients with suspicion…
Earlier this month, in the precedential decision  New Vision Gaming & Development, Inc. v. SG Gaming, Inc., FKA Bally Gaming, Inc., the Court of Appeals for the Federal Circuit (“the CAFC”) vacated and remanded a decision by the Patent Trial and Appeal Board (“the Board”) on the ground that the decision issued after the CAFC’s Arthrex, Inc. v. Smith & Nephew, Inc. decision (where the CAFC made administrative patent judges of the Board “inferior officers”…