This event is sponsored and hosted by Venable LLP.
Patent law is constantly evolving, and 2024 is no exception—this year has been filled with changes to patent law. In this webinar, an experienced panel of IP attorneys will discuss four of the most impactful changes patent practitioners need to know. Join us on November 14 as seasoned patent experts break down each of these updates and their implications.
In this webinar you will learn about some of the biggest updates to patent law in 2024, including:
• Design patent update: An en banc federal circuit decision overruled the unique test for obviousness of design patents and advised that the same analysis should apply to both utility patents and design patents: LKQ Corporation v. GM Global Technology Operations. What does this decision mean for future and existing design patent owners and litigants?
• Update on litigation funding disclosures: There have been numerous high-profile federal court decisions relating to litigation funding this year. Additionally, CA Rep. Issa introduced the Litigation Transparency Act in July, which would require funding agreement transparency in all civil cases. Which venues currently require such disclosures and what can patent practitioners on both sides of the “v” expect when practicing in those venues?
• Update on case law re: patent damages: The case law on patent damages remained in flux this year. For example, in WesternGeco LLC v. ION Geophysical Corp., the federal circuit clarified that patent owners may recover damages based on foreign sales but left unresolved questions regarding the specific level of causation required to collect damages for these sales. In EcoFactor Inc. v. Google LLC, a dissenting judge contended the decision “contradicts” federal circuit precedent on apportionment. What do these and other damages decisions mean for litigants?
• PTAB/ITC update: On June 28, 2024, the U.S. Supreme Court issued a landmark decision in Loper Bright Enterprises v. Raimondo, eliminating 40 years of Chevron deference, the doctrine of deferring to an agency's interpretation of allegedly ambiguous statutory language. Instead, courts will now exercise independent judgment over statutory interpretation traditionally under the purview of agencies. How will this ruling affect opportunities for regulated companies to challenge agency rules in proceedings, particularly before the Patent Trial and Appeal Board (PTAB) and the International Trade Commission (ITC)?
• More IP hot topics from 2024!
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