Gregory Rabin

Gregory Rabin

McDermott Will & Emery

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High Evidentiary Threshold for Diligence in Reducing Invention to Practice

Oracle Corp. v. Click-to-Call Technologies LP - Addressing the evidentiary threshold to show diligence in constructive or actual reduction to practice between the date of a prior art reference and the date the...more

12/10/2014 - America Invents Act First-to-Invent Oracle Patent Trial and Appeal Board Patents Prior Art

Prior Art-Related Submissions That Go to the Merits Are Supplemental “Evidence,” Not Supplemental “Information”

FLIR Systems, Inc. v. Leak Surveys, Inc. - Addressing whether prior-art-related submissions by a petitioner in an inter partes review (IPR) proceeding are supplemental information under 37 C.F.R. 42.123(a) or...more

12/5/2014 - Inter Partes Review Proceedings Patent Trial and Appeal Board Patents Prior Art Supplemental Evidence

PTAB Does Not Rely on District Court’s Markman Decision in Construing Claim Terms

SAP America, Inc. v. Arunachalam - Addressing allegations of impropriety of district court judges that purportedly led to a “tainted” claim construction ruling, the U.S. Patent and Trademark Office’s Patent Trial and...more

11/19/2014 - Claim Construction Covered Business Method Patents Covered Business Method Proceedings Inter Partes Review Proceedings Judges Patent Trial and Appeal Board Patents SAP America Inc.

CBM Review Cannot Proceed if Petitioner Filed Civil Suit Challenging Patent’s Validity Prior to Filing Review Petition

SecureBuy LLC v. Cardinal Commerce Corp. - Addressing the circumstances under which a Covered Business Method (CBM) patent review may proceed, the U.S. Patent and Trademark Office’s (USPTO) Patent Trial and Appeal...more

10/17/2014 - Covered Business Method Patents Patent Litigation Patent Trial and Appeal Board Patents Post-Grant Review

Patentee Owner Must Show a Nexus Between Alleged Commercial Success and the Claimed Technology

Vibrant Media, Inc. v. General Electric Co. - Addressing the issue of whether secondary considerations for non-obviousness showing commercial success of a system allegedly infringing a patent could rebut prima facie...more

9/10/2014 - General Electric Nexus Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents

Indemnity Agreement Does Not Equate to a “Real Party in Interest” to Create Time-Bar for Inter Partes Review

Apple v. Achates Reference Publishing - The Patent Trial and Appeal Board (PTAB, the Board) has concluded that an inter partes review of a patent is not time-barred if a petition was filed more than one year after the...more

8/12/2014 - Apple Indemnity Agreements Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents

Examiner and Board Must Be Consistent in Prior Art-Based Rejections of Similarly-Worded Claims

Q.I. Press Controls, B.V. v. Lee - Addressing the issue of whether the U.S. Patent and Trademark Office’s (PTO) Board of Patent Appeals and Interferences (the Board) erred by rejecting some claims as obvious, but not...more

8/4/2014 - Obviousness Patent Examinations Patent Trial and Appeal Board Patents Prior Art USPTO

Claims Directed to Real Estate Appraisal Techniques Not Patent-Eligible - Interthinx, Inc., v. Corelogic Solutions, LLC

Addressing the issue of whether claims directed to real estate appraisal techniques were patent-eligible, the Patent Trial and Appeal Board (Board), in a Covered Business Method (CBM) post-grant review, determined the claims...more

3/4/2014 - Covered Business Method Patents Patent-Eligible Subject Matter Patents

Reference with Missing Pages May Be Used in Reexamination - In re Enhanced Security Research, LLC

Addressing the issue of whether, in a patent reexamination, a reference with missing pages may be submitted and relied upon by the patent examiner in rejecting patent claims, the U.S. Court of Appeals for the Federal Circuit...more

2/27/2014 - Inter Partes Reexamination Patent Litigation Patents Prior Art USPTO

IP Update, Vol. 16, No. 6, June 2013

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

6/27/2013 - Abuse of Discretion AMP v Myriad Burden of Proof Copyright Damages DNA False Advertising First Amendment Human Genes Infringement Lanham Act Myriad Oprah Winfrey Patent Terms Patent-Eligible Subject Matter Patents Permanent Injunctions SCOTUS Time Warner Trade Secrets Trademarks USPTO Willful Infringement

IP Update, Vol. 16, No. 5, May 2013

Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies: Bowman v. Monsanto Co. - In a narrow ruling that reaffirms the scope of patent protection over seeds, and possibly over other...more

5/31/2013 - Arbitration Bowman v Monsanto Claim Construction CLS Bank CLS Bank v Alice Corp Copyright FRAND Genetically Engineered Seed Infringement Monsanto Obviousness Patent Exhaustion Patents SCOTUS Self-Replicating Inventions Standards-Essential Patents Standing Trademarks

En Banc Federal Circuit Issues Five Opinions in CLS Bank International v. Alice Corporation

The long-awaited decision held that method, computer-readable medium and system claims for technology related to “the management of risk relating to specified, yet unknown, future events” were not directed to patentable...more

5/15/2013 - CLS Bank CLS Bank v Alice Corp Patent-Eligible Subject Matter Patents Preemption

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