The Supreme Court’s 2007 decision in MedImmune v. Genentech reversed prior case law and allowed a licensee in good standing to challenge the validity of the licensed patent. In some ways, the decision was unsurprising. It made patent law more consistent with general rules on justiciability and...

Recent victories by states in two investor-state dispute settlements (ISDS), one involving Uruguay’s regulation of tobacco trademarks and the other challenging a doctrine of Canadian patent law, have suggested to some that ISDS is not a threat to state regulation involving intellectual...

The long-anticipated decision in Bilski v. Kappos was supposed to end uncertainty regarding the patentability of process claims (or, at the least, business method claims). Instead, the opinion featured a series of anomalies: The Court emphasized strict construction of the Patent Act, but...