McDermott's Reverse Engineered: Conversations on IP

The exclusivity provided through patent protection has never wandered far from the long shadow cast by antitrust regulations and concerns. In this episode, McDermott IP partner Nathan S. Smith and colleague Will Diaz discuss some of the major issues that counsel and companies should consider when they find themselves on either end of a patent litigation. In addition, they discuss some antitrust issues to keep in mind in the intellectual property context. The podcast begins with Sarah Bro, who shares some recent IP headlines from across the world, and concludes with Barrington E. Dyer, who discusses recent cases that address exceptions to the Noerr-Penningtong doctrine, which can shield companies from antitrust liability when filing a patent lawsuit.

The exclusivity provided through patent protection has never wandered far from the long shadow cast by antitrust regulations and concerns. In this episode, McDermott IP partner Nathan S. Smith and colleague Will Diaz discuss some of the major issues that counsel and companies should consider when they find themselves on either end of a patent litigation. In addition, they discuss some antitrust issues to keep in mind in the intellectual property context. The podcast begins with Sarah Bro, who shares some recent IP headlines from across the world, and concludes with Barrington E. Dyer, who discusses recent cases that address exceptions to the Noerr-Penningtong doctrine, which can shield companies from antitrust liability when filing a patent lawsuit.

Section 101 of the patent statute provides a fundamental threshold for the types of inventions that can be patented. In this episode, McDermott IP partner Nathan S. Smith and colleague Marc E. Brown examine what makes one invention eligible for patent protection while another is not, especially in the context of computer software. They discuss the precedents that influence how courts and the U.S. Patent and Trademark Office determine patent eligibility and outline strategies companies can use to promote and protect IP assets. The podcast begins with Sarah Bro sharing some recent IP headlines from across the world, and concludes with Barrington E. Dyer summarizing two Federal Circuit cases that deal with Section 101 issues.

The impact of the America Invents Act is still being felt today after more than five years have passed since it was signed into law. In this inaugural episode, McDermott IP partner Nathan S. Smith discusses some of the strategic considerations of a key component of the AIA – inter partes review (IPR) proceedings – with IP partner Kenneth C. Cheney, who is one of many McDermott attorneys representing clients in post-issuance patent challenges before the United States Patent and Trademark Office’s Patent Trial & Appeal Board (PTAB). Barrington E. Dyer will also summarize recent decisions by the PTAB and Federal Circuit that continue to shape these proceedings. Finally, Sarah Bro will share some of the recent IP headlines from across the world.