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The Supreme Court Just Made It Easier To Get Sanctions Against Patent Trolls
On April 29, 2014, the Supreme Court issued two opinions that will make it easier to obtain sanctions for frivolous patent suits.
United States
6 May 2014
How To Defend Against Patent Trolls Without Breaking The Bank
Patent trolls—those who seek to enforce patent rights, but do not actually manufacture or supply services based on the patents—are a problem for almost all companies, large and small.
United States
3 Apr 2014
New FTC Reporting Rules Target Pharma And Biotech Patent Licenses
The Federal Trade Commission is now targeting pharma and biotech patent license agreements in which less than all the patent rights are licensed. In particular, the FTC has modified its rules for reporting asset acquisitions under the Hart Scott Rodino Act to include exclusive patent license agreements for pharmaceuticals where manufacturing or other rights are retained by the licensor.
United States
20 Nov 2013
New U.S. Patent Rule Changes: Permits Delayed Priority Claim After 12-Month Paris Convention Time Period
The U.S. Patent and Trademark Office has announced several patent rule changes to implement the Patent Law Treaties Implementation Act of 2012.
United States
11 Nov 2013
Litigation After The AIA: More Of The Same?
Two provisions of the September 2011 Leahy-Smith America Invents Act were adopted in an apparent attempt to reform certain aspects of patent litigation - Section 299 related to joinder of multiple defendants and section 298 related to advice of counsel and willful infringement.
United States
11 Jun 2013
Inter Partes Review
Inter Partes Review is a new post-grant proceeding created by the AIA for challenging a patent.
United States
29 May 2013
Reduced "Micro Entity" Government Fees Available For Certain Patent Applicants
The United States Patent and Trademark Office has established rules and a fee schedule providing a 75% "micro entity" discount for many fees to be paid in patents and patent applications.
United States
11 Apr 2013
Rehabilitate Your Patent Now: Supplemental Examination
A discussion on the America Invents Act, which is a procedure, available only to a patent owner, for supplemental examination of an issued patent.
United States
15 Feb 2013
Legislative Attacks On Tax Strategy And Business Method Patents Continue
The America Invents Act continues the legislative attack on tax strategy and business method patents.
United States
29 Jan 2013
Proposed Action (Part 3)
In our last two updates, we reviewed the new definition of prior art as well as the exceptions thereto. In view of the intricacies imposed by the upcoming expansion of the definition of prior art, patent applicants should consider the following.
United States
2 Jan 2013
New Definition Of Prior Art (Part 1)
The AIA extensively reforms U.S. patent law, and in doing so, replaces the current first-to-invent system with a first-inventor-to-file system.
United States
19 Dec 2012
Prioritized Examination Under The America Invents Act
Those familiar with prosecuting patent applications before the U.S. Patent & Trademark Office (PTO) will know that it can take an inordinate length of time to obtain a patent.
United States
7 Nov 2012
Disrupting U.S. Patent Applications: New Procedure For Third Parties To Submit Prior Art And Other Publications In U.S. Patent Applications
The America Invents Act expands the opportunity for third parties to submit prior art in pending patent applications before the U.S. Patent and Trademark Office.
United States
17 Oct 2012
America Invents Act’s Prior Use Defense
The Leahy-Smith America Invents Act of 2011 (AIA) provides a "prior use defense" to patent infringement.
United States
5 Oct 2012
America Invents Act’s First To File Rule
The Leahy-Smith America Invents Act of 2011 (AIA) extensively reforms U.S. patent law.
United States
21 Sep 2012
U.S. Supreme Court Holds That New Evidence May Be Introduced In District Court Suits Brought Against The Patent Office For Rejecting A Patent Application
The Supreme Court on April 18, 2012 held in Kappos v. Hyatt, slip no. 10-1219, that new evidence, as permissible under the Federal Rules of Evidence (FRE) and the Federal Rules of Civil Procedure (FRCP), may be introduced in a civil suit challenging the rejection of a patent application by the Patent and Trademark Office (PTO).
United States
26 Apr 2012
U.S. Supreme Court Rules That Generic Pharmaceutical Companies Can Counterclaim To Correct Use Codes In FDA Orange Book When Sued By Brand Companies
The U.S. Supreme Court ruled on April 17, 2012, in Caraco Pharmaceutical Labs. Ltd. v. Novo Nordisk A/S, slip no.10-844, that a generic pharmaceutical manufacturer can counterclaim to have a "use code" for a method of use patent corrected in the FDA Orange Book.
United States
24 Apr 2012
Secured Lender Loses To IP Owner In Dispute Over Proceeds Of Trademarked Inventory
In an unorthodox ruling, a North Carolina appellate court recently held that a factor of trade receivables had neither a valid ownership interest nor security interest in certain of its borrower's accounts.
United States
16 Apr 2012
Patent Reform Bill Passes Senate
Yesterday, the Senate passed the America Invents Act of 2011 (H.R. 1249), the most significant legislative change in patent law in nearly 60 years.
United States
15 Sep 2011
Reminder: Alert To All Brand Owners Of .xxx Domain Extension
In anticipation of the upcoming launch of the ICM Registry's new top level domain .xxx, which will roll out this fall, Blank Rome LLP is available to assist owners of registered trademarks
United States
14 Sep 2011
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