Notable Intellectual Property Cases of 2015, And a Look Ahead to 2016

January 28, 2016

Throughout 2015, intellectual property lawyers have seen important decisions handed down in every IP field:

  • Patents: The new Alice standard for assessing the patentability of arguably abstract ideas implemented on a computer has proved lethal, yielding patent invalidity rulings in nearly every Federal Circuit decision that has applied it; the U.S. Supreme Court called for deference to district court claim constructions based on extrinsic evidence; the Ninth Circuit has given teeth to FRAND obligations for licensing standards essential patents; and the Supreme Court affirmed its prior ruling against requiring royalties after a patent has expired.
  • Copyright: The Second Circuit ruled that Google’s massive book-scanning project qualifies as fair use.
  • Trademarks: The Supreme Court ruled that TTAB rulings have a preclusive effect in related litigation.

Here is our review of these 2015 highlights, and a look at cases to watch in 2016.