Intellectual Property Law Year in Review



In the continuously evolving world of intellectual property law, 2018 was another milestone year. The US Supreme Court and Federal Circuit continued to define key aspects of intellectual property (IP) law including:

  • Clarifying that the 35 USC § 102(a)(1) on-sale bar does in fact apply to confidential or “secret” sales under the America Invents Act
  • Awarding patent owners foreign lost profits when an infringer manufactures components in the United States and ships them overseas for sale
  • The bar on registration of certain immoral or scandalous marks is an unconstitutional restriction on freedom of speech

In 2019, we expect courts to clarify boundaries of inter-partes review and determine if the US Patent and Trademark Office can recover attorneys’ fees regardless of the outcome of the case.

This Special Report compiles key IP cases from 2018, and provides a comprehensive reference guide for in-house counsel seeking to navigate patent, trademark, trade secret and copyright matters in the year ahead.