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Patricia O'Connell
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James Wallace and Brian Pandya Moderate Panels at Patent Enforcement Conference Sponsored by Wiley Rein and Bloomberg BNA

BNA's Patent, Trademark & Copyright Journal
March 16, 2015

James H. Wallace, Jr., chairman emeritus of Wiley Rein’s Intellectual Property Practice, and partner Brian H. Pandya served as moderators at a March 12 conference held at UC Hastings College of the Law in San Francisco for intellectual property practitioners involved in patent litigation and prosecution.

The one-day conference, sponsored by Wiley Rein and Bloomberg BNA, examined the impact of recent decisions by the Supreme Court of the United States on patent enforcement.

The discussion moderated by Mr. Wallace focused on whether abstract ideas, business methods, and naturally occurring substances are patent ineligible. With last year’s ruling in Alice v. CLS Bank—the Supreme Court’s third case dealing with Section 101 since 2010—the Court continued to question the patentability of business methods. The Federal Circuit has also issued dozens of decisions on Section 101.

Mr. Pandya’s panel, which focused on the recovery of attorney fees, included a discussion of  two Supreme Court rulings—Highmark v. Allcare and Octane Fitness v. Icon Health and Fitness—that have given trial courts more discretion to award attorney fees under Section 285 and made it more difficult for reviewing courts to disturb a trial court’s discretion.

Mr. Pandya noted that the Supreme Court has had more patent cases in the past two years than at any time since 1950s. His comments were included in Bloomberg BNA’s coverage of the panel in the Patent, Trademark & Copyright Journal. To read the Bloomberg BNA article, click here.