MoFo IP Newsletter – October 2017

8 Ways To Avoid Inter Partes Review Estoppel

Inter partes review has become an enormously popular method of challenging patents. One important downside, however, is the potential for estoppel that could prevent a petitioner from raising invalidity defenses in parallel litigation or future litigation. The authors share eight strategies and practice pointers that IPR petitioners can implement to try to minimize possible estoppel.

Definition of "User" Unchartered Territory for 512(c) Safe Harbor

Section 512(c) of the U.S. Copyright Act creates a safe harbor for Internet service providers, limiting remedies for copyright infringement "by reason of the storage at the direction of a user" of copyrighted material. The Act's passage has been instrumental to the success of YouTube and other platforms that enable users to share content, but over time, the boundaries between service providers and users have become increasingly fluid. Two divergent circuit court decisions - M