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By Vincent K. Shier
On Friday, November 2, 2018, the USPTO released its interim procedure for patentees to request recalculation of the patent term adjustment with respect to information disclosure statements accompanied by ...
By Alexander B. Englehart, Michael D. West
On October 26, 2018, the International Trade Commission issued the public version of its opinion (part 1 and part 2) in Certain Non-Volatile Memory Devices and Products Containing the Same (Inv. No. 337-TA-1046).
By Eric Schweibenz, Alexander B. Englehart
On November 5, 2018, ALJ Clark S. Cheney issued Order No. 3 in Certain Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof (Inv. No. 337-TA-1136).
By Lisa M. Mandrusiak
The IPR estoppel provision was originally intended as a check against patent challengers attacking patents serially in the USPTO or other forums based on grounds that were raised or "reasonably could have been raised" in the original IPR.
By Eric Schweibenz, Alexander B. Englehart
On November 6, 2018, ALJ MaryJoan McNamara issued Order No. 7 in Certain LTE- and 3G-Compliant Cellular Communications Devices (Inv. No. 337-TA-1138).
By Brian Darville
The Second Circuit reasoned that efforts to police the use of the term are not relevant to whether the term is generic.
By James Love
The book is an essential resource for inventors, attorneys, IP professionals, or anyone with an interest in medical device IP for understanding the nuances of protecting and launching a medical...
By Philippe Signore, Jacob A. Doughty
The USPTO announced today a new program called the Access to Relevant Prior Art Initiative. According to the USPTO, "this initiative is envisioned to potentially reduce the burden on applicants...
By Daniel J. Pereira
In a non-precedential decision issued by the U.S. Court of Appeals for the Federal Circuit (FWP IP APS v. Biogen MA, Inc., October 24, 2018 ...
By Tia D. Fenton
Teva Pharmaceutical USA, Inc. filed a Complaint and Motion for Preliminary Injunction in the U.S. District Court for the District of Columbia, ...
By Sasha S. Rao, Charles L. Gholz
The authors suggest that whether TC Heartland applies to BPCIA actions is an open question given the statutory and policy differences between 28 U.S.C. § 1400(b) and the BCPIA.
By Sasha S. Rao, Charles L. Gholz
Artificial intelligence (AI) is stepping out of science fiction and into our everyday lives at a rapid pace.
By Charles L. Gholz, Sasha S. Rao
The authors suggest that In re Cray and TC Heartland have notable venue implications for patent infringement actions against sharing economy participants like Uber and Airbnb.
By Philippe Signore, Jacob A. Doughty, Edwin D. Garlepp
The USPTO recently proposed new fees, effective January 2021.
By Richard Kelly
In Rite-Hite v. Kelley Co., 56 F.3d 1538 (Fed. Cir. 1995) the Federal Circuit refused to award damages for the goods which were regularly sold as part of a package including patented goods.