Coming off a year that included the Smith-Leahy “America Invents Act,” 2012 portends to have some significant developments in IP law.

Decisions for IP practitioners and industry to watch for include:

  • the Supreme Court’s decision in Caraco Pharm. Labs. Ltd. v. Novo Nordisk A/S, regarding “use codes” and section viii carve-outs under the Hatch-Waxman Act;
  • the Supreme Court’s decision in Mayo v. Prometheus, regarding patentable subject matter, post-Bilski; and
  • the Federal Circuit’s upcoming en banc decisions in McKesson and Akamai, regarding joint infringement liability.

In the trademark realm, the 2d Circuit’s decision in Louboutin, regarding trademarking colors.

Locally, the New Jersey Trade Secrets Act is expected to be signed into law, which will codify the State’s common law practice regarding trade secrets. Also, implementation of the Southern District of New York’s 18-month pilot program on conducting complex litigations will be underway.

On the national level, the launch of the Intellectual Property Exchange International (“IPXI”), an exchange for commoditizing patents and other IP assets is expected in June.

And finally, just as on-going developments with and implementation of the Smith-Leahy America Invents Act progresses, Congress will continue to address the Stop Online Piracy Act.

Gibbons, with offices in Newark, Trenton, New York City, Wilmington and Philadelphia will continue to remain at the forefront of these, and all other IP law developments.

Ralph A. Dengler, a former Director in the Gibbons Intellectual Property Department, and Jillian A. Centanni, a former Associate in the Gibbons Intellectual Property Department, co-authored this post.