Polin Chieu

Polin Chieu

Winstead PC

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Standard of Review for Claim Construction on Appeal

On January 20, 2015, the Supreme Court provided guidance on the standard of review for claim construction on appeal in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 12-854. The Court held “[w]hen reviewing a district...more

3/17/2015 - Appeals Claim Construction Clear Error Standard De Novo Standard of Review Evidence Patent Infringement Patents SCOTUS Standard of Review Teva Pharmaceuticals Teva v Sandoz

Patent Definiteness Requirement Update

The Supreme Court recently “conclude[d] that the Federal Circuit’s formulation, which tolerates some ambiguous claims but not others, does not satisfy the statute’s definiteness requirement.” Nautilus, Inc. v. Biosig...more

11/5/2014 - Definiteness Nautilus Inc. v. Biosig Instruments Patent Infringement Patent Litigation Patents SCOTUS

Ongoing Developments in Patent Law: Claim Construction on Appeal, Indefiniteness, and PTAB Decisions

There are a few patent cases to keep track of in the future that may have an impact on claim construction, indefiniteness, and Patent Trial and Appeal Board (PTAB) decisions. ...more

8/14/2014 - Claim Construction Indefiniteness Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents

Accelerated Patent Examination

According to the United States Patent Office’s annual report, the average total patent pendency in 2012 for patent applications was 32.4 months. For many patent applicants, this delay is unexpected and may significantly...more

5/13/2014 - Patent Examinations Patents USPTO

Patent Trolls, Defensive Groups, and Pooling

A common topic of patent reform discussions are patent trolls. Patent trolls, who often gather patent portfolios and assert patents against others in an effort to collect licensing fees or patent infringement damages, are...more

2/18/2014 - Patent Reform Patent Trolls Patents

Patent Protection in the U.S. and Abroad

With increasing globalization, it is important to consider patent protection outside of the United States. In the United States, utility patents provide protection on inventions for a new and useful process, machine,...more

11/12/2013 - Patent Litigation Patents

Patent Searching Basics

The United States Patent and Trademark Office (USPTO) maintains a free, searchable database. Before applying for a patent, a search for similar inventions is recommended to determine whether a patent is viable....more

8/14/2013 - Databases Due Diligence Patent Applications Patents USPTO

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