Mondaq USA: Intellectual Property > Patent
Marshall, Gerstein & Borun LLP
PTABWatch Takeaway: The United States Patent and Trademark Office (USPTO)'s 2019 Revised Patent Subject Matter Eligibility Guidance provides a useful, and effective,
Foley & Lardner
A patent claiming methods to integrate physiological treatment data remotely using a computer was held invalid under 35 U.S.C. § 101
Duane Morris LLP
PermaCity Corporation, a solar installation company based on Los Angeles, has sued rival Orion Solar Racking Inc. in federal court in California for alleged patent infringement and breach of a non-disclosure agreement.
Akin Gump Strauss Hauer & Feld LLP
The Patent Trial and Appeal Board (PTAB or "Board") recently denied the institution of an inter partes review (IPR) petition where the Patent Office had previously considered the asserted prior art.
Jones Day
ALJ McNamara granted the motion because she found Complainant SnapPower was already aware of the asserted defenses.
Ropes & Gray LLP
A petitioner's sur-reply should only respond to arguments made in a reply, comment on reply declaration testimony, or point to cross examination testimony.
Lewis Brisbois Bisgaard & Smith LLP
In a curious legal scenario, the USPTO recently filed an amicus brief at the request of the Federal Circuit Court of Appeals, supporting a "counterintuitive" reading of the American Invents Act (AIA).
Oblon, McClelland, Maier & Neustadt, L.L.P
In contrast, the POP noted that it does not generally expect fairness and prejudice concerns to be implicated by, for example, the mistake or omissions of a petitioner.
Cooley LLP
The revised guidelines insert an additional requirement for the USPTO to find a claim patent ineligible.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The USPTO website contains training materials on subject matter eligibility; here is the link.
Seyfarth Shaw LLP
Timing the filing of an inter partes review for companies in the early stage of developing a biosimilar product should be carefully considered based on the recent Federal Circuit case,
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Michael Rubin, Fordham Intellectual Property, Media & Entertainment Law Journal (IPLJ) staff member, sits down with Finnegan partner Jeffrey Berkowitz to discuss experiences encountered
Jones Day
As we wrote previously, the Federal Circuit sitting en banc held that a patent applicant can seek district court review of a PTO rejection of its application without having to pay for the time the PTO's attorneys spent on the case.
Jones Day
Presidio Components, Inc. petitioned for inter partes review of U.S. Patent No. 6,144,547, which American Technical Ceramics Corp. and AVX Corporation (together "plaintiffs") asserted against Presidio in ...
Smith Gambrell & Russell LLP
On February 5, 2019, the Federal Circuit denied rehearing en banc in In Re Google LLC, 2018-152, leaving unsettled the question of whether the presence of computer servers satisfies the "regular and established place...
Ropes & Gray LLP
While Patent Trial & Appeal Board (PTAB) documents may be accessed by the USPTO's PTABE2E portal, this portal offers minimal search options and no analytics whatsoever.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
On October 29, 1982, former Judge Helen W. Nies wrote the opinion for Sanyo Watch Co., Inc. v. Sanyo Elec. Co., Ltd. 691 F.2d 1019 (Fed. Cir. 1982).
Jones Day
The Board therefore issued a decision granting institution of inter partes review in favor of Sling TV.
Oblon, McClelland, Maier & Neustadt, L.L.P
A bipartisan group of senators sponsored a bill this week—the Biologic Patent Transparency Act, S. 659—aimed at making patent information associated with biologics easier to identify and easing the approval process ...
Jeffer Mangels Butler & Mitchell LLP
In this patent infringement action, the defendant, Playmonster LLC ("Playmonster"), requested that the district court stay discovery during the pendency of its forthcoming dispositive motion
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BakerHostetler
Partners Carl Hittinger and Jeffry Duffy authored an article published by The Legal Intelligencer on July 27, 2018.
Cooley LLP
As 2019 kicks off, the Cooley antitrust group highlights 10 recent developments and trends corporate counsel should be aware of – from the US Supreme Court and lower courts, the DoJ and FTC ...
Duane Morris LLP
In 2014, Elon Musk announced that he was "open-sourcing" Tesla's patents.
Oblon, McClelland, Maier & Neustadt, L.L.P
They are structurally identical to the ends of DNA strands found in nature." Id. at 10-11
Hunton Andrews Kurth LLP
For the fourth time in less than a year, the United States Patent and Trademark Office (USPTO) issued guidance to examiners on the question of subject matter eligibility ...
Foley & Lardner
In Momenta Pharmaceuticals, Inc. v. Bristol-Meyers Squibb Co., the Federal Circuit issued another decision analyzing the contours of a petitioner's Article III standing to appeal PTAB decisions ...
Ropes & Gray LLP
A properly filed AIA trial trial petition must name all real-parties-in-interest (RPI).
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In this case, the CJEU clarified the test used to determine whether design features are ‘dictated solely by their technical function' and, therefore, excluded from protection under Community Design law.
Jones Day
The PTAB instituted CBM reviews on all four patents.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In this appeal, the Federal Circuit has been asked to consider the constitutionality of IPR's when applied to patents that issued after enactment, but before the effective date ...
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