The recent In re Cellect decision by the Federal Circuit1 is significant for patent owners who have obtained patent-term adjusted patents in the same patent family. The court held that term-adjusted patents can be potentially...more
Kilpatrick partners Megan Bussey, Nicki Kennedy, and Michael Bertelson recently presented at the 20th annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) on the topic of “A New Era Dawns for Design Patent...more
The USPTO recently proposed a major change to terminal disclaimer practice, which can have huge potential impacts. Watch our Legal Alert for more on how to navigate this proposed rule change.
* The opinions expressed are...more
Volvo Penta of the Americas, LLC v. Brunswick Corporation (2022-1765, Decided August 24, 2023) -
Patent litigators are well aware of the challenges of overcoming the substantial evidence standard on appeal from an adverse...more
The USPTO issued Revised Interim Guidelines today on the process for requesting Director Review of PTAB decisions. Since the U.S. Supreme Court’s decision in United States v. Arthrex, 141 S.Ct. 1970 (2021), which held that...more
Kilpatrick Townsend attorneys Allison Dobson, Nicki Kennedy, and Troy Petersen recently presented “PTAB Update: Recent Developments in IPR and PGR Practice” at the firm’s Kilpatrick Townsend Intellectual Property Seminar...more
Kilpatrick Townsend partner Nicki Kennedy and counsel Troy Petersen recently presented “Strategically Using Appeals to the PTAB” at the firm’s three-day CLE & Ski Series, KT Intellectual Property Seminar (KTIPS), in...more
Nicki Kennedy -- a Kilpatrick Townsend partner who is a registered patent attorney concentrating her practice on patent-related matters with a focus on client counseling, patent prosecution, domestic and international patent...more
37 C.F.R. § 42.71(a) provides that “The Board…may grant, deny, or dismiss any petition or motion” but does not provide other specifics. The Board therefore has broad discretion in considering requests to withdraw...more
Kilpatrick Townsend Partner, Nicki Kennedy, provided tips on trade secret protection for licensors and licensees in a recent presentation. Ms. Kennedy outlined how making the decision to license trade secrets is often...more
Kilpatrick Townsend attorneys Justin Krieger and Nicki Kennedy recently spoke at the Kilpatrick Townsend Intellectual Property Seminars on the topic of “Helsinn v. Teva: The Status of Secret Prior Art and the On-Sale...more
The Supreme Court issued two decisions today in the cases of Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, et al., and SAS Institute Inc. v. Iancu, addressing inter partes review (IPR). In Oil States, the...more
4/25/2018
/ America Invents Act ,
Article III ,
Constitutional Challenges ,
Inter Partes Review (IPR) Proceeding ,
Oil States Energy Services v Greene's Energy Group ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
SCOTUS ,
Seventh Amendment ,
USPTO
The Patent Trial and Appeal Board has issued its Guidance on Motions to Amend in view of the Federal Circuit’s long-awaited Aqua Products decision. In that splintered ruling, the Federal Circuit addressed the burden of proof...more
Helsinn v. Teva (Fed. Cir. 2017) -
On May 1, 2017, a Federal Circuit panel ruled that the AIA did not change the statutory meaning of “on sale” and that the on-sale bar can be triggered by a sale whose existence is...more