Thought Leadership

Intellectual Property Report

Client Updates

Several WTO Members Advocate for The Waiver Of Global IP Protections To Increase Access to COVID-19 Technologies
Landon Smith
In mid-October, the World Trade Organization (“WTO”) met to consider a proposal by South Africa and India to temporarily waive several parts of the Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) agreement. If accepted, the proposal would allow countries to waive “implementation, application, and enforcement” of intellectual property rights related to the “prevention, containment, or treatment of COVID-19.”
To read the full article, click here.

Enigmatic Immunity for Internet Service Providers
Steve Maule
With administrative changes potentially on the horizon, President Trump’s attempts to revoke protections for Internet service providers granted by section 230 of the Communications Decency Act are looking uncertain. A recent Supreme Court decision addressing section 230, Malwarebytes, Inc. v. Enigma Software Group USA, LLC, suggests changes for section 230 may be coming, even if no legislative or executive actions are taken. On October 13, 2020, the Supreme Court denied Malwarebytes’s petition for a writ of certiorari. Malwarebytes had requested review of the Ninth Circuit’s conclusion that section 230 of the Communications Decency Act does not immunize Malwarebytes from Enigma’s anticompetitive conduct claims. Writing for the Court, Justice Thomas only briefly addressed the decision to not revisit the Ninth Circuit’s decision and directed the remainder of his comments to the “questionable precedent” created by the lower courts’ emphasis on “nontextual arguments when interpreting § 230.” Further, he suggested that, when appropriate, the Court “consider whether the text of this increasingly important statute aligns with the current state of immunity enjoyed by Internet platforms,” which could impact both plaintiffs and defendants involved in litigation regarding Internet services.
To read the full article, click here.

‘Arthrex’: Do PTAB Judges Require Presidential Appointment?
Robert Maier
Although patent infringement proceedings in the United States often begin as civil actions filed in federal district courts, many of these disputes are ultimately resolved elsewhere. Most commonly, these include administrative trials before the Patent Trial and Appeal Board (PTAB), the tribunal arm of the U.S. Patent and Trademark Office (USPTO).
To read the full article, click here.
*This article was previously published in the New York Law Journal on November 24, 2020.

The CCPA Gets an Upgrade With the Passage of the CPRA
Cynthia J. Cole, Matthew Baker, Katherine Burgess
The California Privacy Rights Act (“CPRA”) passed the November 3 ballot and amends the California Consumer Privacy Act of 2018 (“CCPA),” the principle framework—and first-of-its-kind state law—that regulates and the collection and use of personal information collected from California residents.
The CPRA in Summary. The CPRA creates additional consumer rights, modifies existing CCPA rights, mandates a new category of consumer personal information with associated rules, and establishes a new privacy enforcement agency. The CPRA goes into effect on January 1, 2023, with a look back on personal information collected from January 1, 2022.
To read the full article, click here.

Q&A Session with Judge Alan Albright
Baker Botts was pleased to recently host a Q&A session with Judge Alan Albright of the Western District of Texas.
Specifically, the Q&A focused on Judge Albright's busy patent litigation docket and his practice on the bench. The discussion was led by Baker Botts Partner, Syed Fareed.
A few of the topics covered in this session are:
• Claim construction
• Section 101 motions
• IPRs
• Jury Trials and Verdict Forms
To view the Q&A session, click here.

Considerations for a Biden Administration – Intellectual Property
We are ready to help our clients navigate the potential legal and regulatory changes that could arise under a Biden Administration, as affected by the final outcome of the U.S. Senate races – including an increased focus on Intellectual Property.
To view the full video, click here.

November 2020 Intellectual Property Report Recap
In case you missed it, here is a recap video of our November 2020 Intellectual Property Report that looked at:
• A Look at New Supreme Court Justice Amy Coney Barrett’s Experience with Intellectual Property Cases
• Manufacturing Patent Claims Directed to “Nothing More” Than Natural Laws To Reach A Desired Result Are Not Patentable Subject Matter
• Intellectual Property (IP) During COVID-19: What You Need to Know to Avoid Loss of Rights and Unnecessary Headaches
• DOJ Continues to Zero in on Public Procurement Crimes

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