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Supreme Court Upholds Patent Law Precedent

The case of Amgen Inc. v. Sanofi, U.S., No. 21-757 dealt with patent law’s “enablement” requirement. Essentially, the Court affirmed 150 years of precedent requiring the invention to be described “‘in such full, clear,...more

New USPTO Guidance to Improve Predictability and Consistency in Subject Matter Eligibility Determinations

On Friday, January 4, 2019, the USPTO announced revised guidance for determining subject matter eligibility under 35 U.S.C. § 101, as well as new guidance for the application of Section 112 to computer-implemented inventions,...more

Lumentum Holdings, Inc. v. Capella Photonics, Inc., Case IPR2015-00739 (Mar. 4, 2016) (Paper 38)

Takeaway: - The statutory provision that sets forth the requirement to identify all real parties-in-interest in an IPR petition, 35 U.S.C. §312(a)(2), is not jurisdictional in nature. Failing to comply with this...more

The Renewed Standard for Awarding Enhanced Patent Damages

On June 13, 2016, the U.S. Supreme Court issued an opinion with large ramifications for patent holders and potential infringers alike. Deciding the consolidated cases of Halo Electronics, Inc. v. Pulse Electronics, Inc. and...more

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