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No Second Bite of the Patent Apple by Patent Owner, Says Supreme Court

On Tuesday, May 30, 2017, the Supreme Court issued a decision in Impression Prods., Inc. v. Lexmark Int’l, Inc., that eliminates a patentee’s patent rights in a product sold by the patentee. The Supreme Court held that “a...more

The Other Shoe Drops on Laches Defense in IP

In 2014, the Supreme Court’s opinion in Petrella v. Metro-Goldwyn-Mayer, Inc. held that the equitable doctrine of laches is not available as a defense to copyright infringement when the claim is brought within the three years...more

Supreme Court Interprets Patent Law on Invention’s Components

The U.S. Supreme Court’s opinion in Life Technologies Corp. v. Promega Corp., No. 14-1538, (February 22, 2017), interpreted 35 U.S.C. § 271(f)(1), which creates liability for supplying components of multi-component patented...more

PTAB Designates Two America Invents Act Review Decisions as Precedential

Recently, the Patent Trial and Appeal Board (PTAB) designated two America Invents Act (AIA) review decisions as precedential: LG Electronics, Inc. v. Mondis Technology, Ltd. and Westlake Services, LLC v. Credit Acceptance...more

Federal Circuit Expresses Concern About Patent Eligibility Under Mayo

The “prognosis” for patentability of medical diagnostic claims remains uncertain after an order of the Federal Circuit Court of Appeals (“Court”) denying a petition for an en banc rehearing of its decision in Ariosa...more

Product-by-Process Claims: A Jurisdictional Overview

The Supreme Court of Japan has issued a decision which made significant changes to how product-by-process claims are handled by the Japanese Patent Office. The decision makes Japanese law on product-by-process claims similar...more

Supreme Court Rules that Good-Faith Belief in Patent Invalidity is Not a Defense to Induced Infringement

The U.S. Supreme Court ruled that a defendant’s good-faith belief in the invalidity of a patent is not a defense to an induced infringement claim. The Court also affirmed its previous holdings that an induced infringement...more

Patent Prosecution Updates

On April 14, 2015, the House of Representatives introduced a bill to amend the pre-filing grace period provisions of the America Invents Act (AIA). The bill, entitled "Grace Period Restoration Act of 2015" (H.R. 1791),...more

Federal Circuit Decision Extends Potential Patent Term by Months for Many Patents

On January 15, 2014, the U.S. Court of Appeals for the Federal Circuit held that patentees are eligible for patent term adjustment (PTA) for the period between a Notice of Allowance and issuance if the period occurs more than...more

First Post-AIA PTAB Ruling Opens Doors to More Patent Challenges

On Tuesday, June 11, 2013, the Patent Trial and Appeal Board (PTAB; or “the Board”) of the United States Patent and Trademark Office (USPTO) issued its first decision in a post-grant review proceeding. The PTAB ruled that a...more

6/17/2013

Next Steps in Light of Myriad

On June 13, 2013, the U.S. Supreme Court issued its highly awaited ruling in Ass’n for Molecular Pathology v. Myriad Genetics, Inc. (the “Myriad case”), unanimously holding that isolated, naturally occurring DNA was not...more

U.S. Supreme Court Qualifies Patent Exhaustion

On May 13, 2013, the U.S. Supreme Court, in the case of Bowman v. Monsanto, decided whether a soybean farmer infringed Monsanto’s patent by replanting patented soybeans harvested from previous crops. The Court unanimously...more

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