Sarika Singh

Sarika Singh

McDermott Will & Emery

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Patent Owner’s General Counsel Allowed to Substitute Designated Counsel at Oral Hearing

Butamax Advanced Biofuels LLC v. Gevo, Inc. - Addressing a patent owner’s request in an inter partes review (IPR) to be excused from attending the oral hearing in view of the financial burden involved in counsel...more

12/10/2014

“Soda-Pop” Bottle Caps Can Be Analogous Art for Flash Chromatography Cartridges

Scientific Plastic Products, Inc. v. Biotage AB - Addressing the issue of analogous art in the context of inter partes reexamination, the U.S. Court of Appeals for the Federal Circuit affirmed a decision of the U.S....more

11/6/2014 - Appeals Inter Partes Review Proceedings Obviousness Patent Infringement Patent Trial and Appeal Board Patents Prior Art

Silence of ANDA with Respect to a Claim Limitation Does Not Constitute Infringement

Ferring B.V. v. Watson Labs., Inc. - In Hatch-Waxman litigation that involved Abbreviated New Drug Applications (ANDAs) that were silent as to certain claimed limitations, the U.S. Court of Appeals for the Federal...more

10/8/2014 - ANDA Generic Drugs Hatch-Waxman Patent Infringement Patent Litigation Patents Pharmaceutical Patents Watson Pharmaceuticals

Res judicata Does Not Bar Claims Arising After Prior Litigation, Even One Based on Similar Conduct

TechnoMarine SA v. Giftports Inc. - Addressing whether a prior litigation between the parties resolving claims of unfair competition bars subsequent suit over similar conduct occurring after settlement of the earlier...more

9/11/2014 - Appeals Infringement Lanham Act Res Judicata Retailers Settlement Trademark Litigation Trademarks Unfair Competition

Objective Evidence Based on Unclaimed Species Insufficient Nexus

Gnosis SpA v. South Alabama Medical Science Foundation - In the final written decision of an inter partes review, the Patent Trial and Appeal Board (PTAB) found all claims at issue unpatentable, concluding that the...more

8/13/2014 - Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents

Copyright Statute of Limitation Trigged on Actual or Constructive Notice

Psihoyos v. John Wiley & Sons, Inc. - Addressing the issue of accrual of a claim for copyright infringement, the U.S. Court of Appeals for the Second Circuit upheld the lower court’s denial of summary judgment for the...more

6/16/2014 - Constructive Notice Copyright Copyright Infringement Statute of Limitations The Copyright Act

Implied License Limited to Continuation Applications, Not to Provisionals

Endo Pharmaceuticals Inc. v. Actavis, Inc. - Addressing the issue of implied license, the U.S. Court of Appeals for the Federal Circuit vacated and remanded a lower court’s denial of a preliminary injunction, finding...more

5/7/2014 - Appeals Endo Pharmaceuticals Licenses Patent Litigation Patents Pharmaceutical Patents

Copyright Registration Does Not Trigger the Statute of Limitation for a Co-Authorship Claim - Brownstein v. Lindsay

Addressing for the first time the issues of cancelation of copyright registration by a court and accrual of a joint authorship claim under the Copyright Act, the U.S. Court of Appeals for the Third Circuit reversed the lower...more

3/7/2014 - Copyright Registration Statute of Limitations

IP Update, Vol. 16, No. 11, November 2013

Appellate Decision Sets Stage for Next Skirmish In The Apple vs. Samsung Smart Phone Wars - A unanimous panel of the U.S. Court of Appeals for the Federal Circuit has concluded that the district court was within its...more

11/26/2013 - Apple Apple v Samsung Fresenius Patent Infringement Patent Litigation Patents Samsung SCOTUS Smartphones Standards-Essential Patents

IP Update, Vol. 16, No. 10, October 2013

No Case or Controversy in DJ Against Patentee Who Sued Manufacturer’s Customers: Cisco Systems, Inc. v. Alberta Telecommunications Research Center - In a non-precedential opinion addressing declaratory judgment...more

11/1/2013 - Cisco Claim Construction Copyright FRAND Offsets Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Telecommunications Trademark Policing Trademarks

IP Update, Vol. 16, No. 9, September 2013

Patents/Preliminary Injunction: Preliminary Injunction Ordered Based on Appellate Claim Construction Aria Diagnostics, Inc. v. Sequenom, Inc. - Addressing a preliminary injunction filed by a defendant in a...more

10/1/2013 - Claim Construction Copyright Expert Testimony Fair Use Governmental Immunity Governmental Liability Infringement Inter Partes Reexamination ITC Jurisdiction Obviousness Patent Term Adjustment Patents Preliminary Injunctions Registration SCOTUS Sovereign Immunity Theft Trade Secrets Trademarks USPTO Work-For-Hire

IP Update, Vol. 16, No. 8, August 2013

President Disapproves ITC Exclusion Order - For the first time since the administration of President Ronald Reagan, an exclusion order issued by the U.S. International Trade Commission (ITC) has been disapproved by the...more

8/29/2013 - Copyright Exclusion Orders ITC Mobile Devices Patents Trademarks

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

IP Update, Vol. 16, No. 4, April 2013

Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship - Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more

4/30/2013 - Affidavits Claim Construction Copyright Copyright Infringement Discovery DMCA Infringement Patents Prior Art Safe Harbors Trademarks USPTO

IP Update, Vol. 15, No. 12, December 2012

In This Issue: Patents - ..Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions ..Preliminary Testing of Medical Devices in Animals Enables Their Use in...more

12/28/2012 - America Invents Act Claim Construction Competition Copyright Infringement ITC Obviousness Patent Assertion Entities Patent Reform Patents Pay-For-Delay Permanent Injunctions Preliminary Injunctions Reissue Patents Restitution Trade Secrets Trademarks Walker Process Claims

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