Nota Bene Episode 99: Unpacking the Pendulum of American Patent Policy Then, Now, and Forward with Rob Masters


As we pivot into the next generation of technology for the 21st century, we’re taking a look at the only intellectual property rights to be mentioned in the U.S. Constitution – patents. We’re joined by Rob Masters to explore how patent litigation has evolved over the years, how it continues to develop, and how the courts and the American Congress have impacted the value of the American patent in the modern era.

Robert Masters is a partner in the Intellectual Property Practice Group in Sheppard Mullin’s Washington, D.C. office. He focuses his practice on intellectual property law, routinely handling patent, trade secret, copyright and trademark/trade dress litigation in courts throughout the U.S., before the International Trade Commission, before the U.S. Patent Trial and Appeal Board (PTAB), and before international arbitration tribunals across the globe.

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What We Discussed in this Episode:

  • How has the value of the patent evolved over time?
  • What happens if an injunction is issued against a patent holder?
  • What two litigation venues in the U.S. are the least friendly to patent infringement defendants and why?
  • What did the Supreme Court decide in Ebay v. Mercantile and how did that decision affect patent injunctions?
  • What are non-practicing entities and what effect do they have on patent litigation?
  • How did the court define “willful infringement" in the Seagate case?
  • How did the 2011 American Invents Act and inter party review process develop?
  • According to Section 101 from the Alice v. CLS Bank decision, what subject matter is eligible to be a patent?
  • What is the current state of patent eligibility?
  • Why do Standard Essential Patents matter so much?
  • Are there certain countries that are more favorable to patent filings?

Resources Mentioned:

Intellectual Property Outlook: Cases and Trends to Follow in 2020


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