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Intellectual Property Outlook: Cases and Trends to Follow in 2013

February 11, 2013

By ROBERT M. MASTERS, LISA Y. LEUNG, KEITH SYVERSON & RYAN D. FABRE

In the coming year, we anticipate a series of events and decisions with varying degrees of impact on intellectual property law in the United States and the way we advise our clients. This article highlights cases we are monitoring that present, in our view, significant issues relating to various aspects of intellectual property law. Most of these cases are pending appeal at some level, and each has the potential for considerable impact on the landscape of U.S. intellectual property law. A small number of recently-decided cases have also been selected for inclusion in this discussion, as it remains to be seen precisely how these decisions will play out in practice over the coming year. Lastly, we take a look at continuing trends in the intellectual property marketplace and review key legislation, including what to expect from the recently-enacted America Invents Act.