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Searching Content indexed under Intellectual Property by Paul S. St. Marie, Jr. ordered by Published Date Descending.
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Burden Is On Trustee To Show Insolvency At Time Of Transfer
The US Court of Appeals for the 11th Circuit affirmed the district court's dismissal of a fraudulent conveyance claim for a "blocking right"and right of first refusal under a patent transfer agreement
United States
4 Dec 2018
2
One Is The Loneliest Number To Institute . . . Two Is Just As Odd As One, But Under SAS It's Simply All Or None
Oyster filed a request for rehearing, arguing that the PTAB erred as a matter of law by failing to assess the merits of each claim and ground of unpatentability in the petition.
United States
2 Nov 2018
3
When SCOTUS Said No Partial Institution, It Meant All Challenged Grounds
In light of the Supreme Court of the United States decision in SAS Institute v. Iancu (IP Update, Vol. 21, No. 5), the US Court of Appeals for the Federal Circuit remanded an appeal...
United States
4 Sep 2018
4
En Banc Federal Circuit: § 145 Appellants Do Not Have To Pay (Attorneys' Fees) To Play
The en banc US Court of Appeals for the Federal Circuit held that a dissatisfied patent applicant that chooses to appeal from a decision of the Patent Trial and Appeal Board rejecting claims...
United States
4 Sep 2018
5
No Sua Sponte Remand For Erroneously Limited Post-SAS Final Written Decisions
The US Court of Appeals for the Federal Circuit concluded that, post-SAS, it possessed jurisdiction to hear an appeal from an inter partes review (IPR) even where the Patent Trial and Appeal Board (PTAB) erred in limiting its institution decision to less than all the challenged claims and grounds.
United States
31 Jul 2018
6
The Cases That Never Were: Nullified Litigation And The One-Year Bar
Addressing whether either of two previously filed district court actions precluded institution of an inter partes review (IPR) proceeding under the one-year time ...
United States
4 Jun 2018
7
Supreme Court To PTAB: All Or Nothing At All
In a 5–4 decision, the Supreme Court of the United States reversed a decision by the US Court of Appeals for the Federal Circuit, holding that once the Patent Trial and Appeal Board (PTAB) ...
United States
30 May 2018
8
Great Minds Don't Always Think Alike: License Limitations Must Be Explicit
In addressing whether a non-exclusive copyright licensee was permitted to use a commercial printing service in furtherance of its "non-commercial" rights granted by a public license ...
United States
27 Apr 2018
9
A Picture Is Worth A Thousand Words, But Owning A Piece Of The Bundle Is Priceless.
In a case where a licensee granted the right to sue was bounced by the district court for lack of standing, the US Court of Appeals for the Second Circuit ruled that under § 501(b) of the Copyright Act ...
United States
10 Apr 2018
10
"Everyday I'm Hustlin'" To Ensure Valid Registrations
Addressing for the first time the 2008 amendment to the Copyright Act's effect on the standard for invalidating a copyright registration, the US Court of Appeals for the 11th Circuit ...
United States
30 Jan 2018
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