Intellectual Property Law

As the Blawg has reported over the past 18 months, the U.S. Supreme Court has demonstrated an active interest in patent cases. Continuing that trend, it has already agreed to hear two cases involving patent issues in the upcoming term that starts in October. In KSR v. Teleflex, the Court will consider the test for obviousness applied by the Federal Circuit in considering the validity of a patent. The issue in Medimmune v. Genentech is whether a licensee can bring an action for declaratory judgment to challenge the licensed patent when it has continued to pay royalties under the license ? in other words, whether there is a case or controversy that a Federal court can resolve.

On Wednesday, September 20, Farella Braun + Martel (?FBM?) will host a roundtable at noon to discuss the KSR and Medimmune cases. This event is one of a series of IP roundtables that FBM sponsors in conjunction with the Intellectual Property Litigation Committee of the ABA?s Section of Litigation. The roundtable will take place at FBM?s offices, 235 Montgomery Street, San Francisco. If you will be in the neighborhood, drop on in. RSVPs are being accepted at rsvp@fbm.com.

Today's Blogger: Bob Sloss