William Rowland

William Rowland

Buchanan Ingersoll & Rooney PC

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Assignor Estoppel Bars an Invalidity Challenge in District Court but is Not Available as a Defense in an Inter Partes Review...

On March 23, 2016, the United States Court of Appeals for the Federal Circuit issued a decision in MAG Aerospace Industries, Inc., NKA MAG Aerospace Industries, LLC v. B/E Aerospace, Inc., No. 2015-1370. One of the issues...more

3/31/2016 - Assignor Estoppel Inter Partes Review Proceedings Patent Infringement Patent Trial and Appeal Board Patents

Federal Circuit Finds Claim Reciting Both Apparatus and Process Limitations May Be Definite

On March 1, 2016, the Court of Appeals for the Federal Circuit issued a decision in UltimatePointer, LLC v. Nintendo Co., No. 2015-1297, 2016 BL 60387 (Fed. Cir. Mar. 01, 2016). One of the issues decided by the court was...more

3/28/2016 - Indefiniteness Nintendo Patents Reversal USPTO

District Court Holds that a Sale Must Make the Invention Public in Order to be an On-Sale Bar under AIA

On March 3, 2016, a U.S. District Court judge held that the entering into and publicizing of a licensing and supply agreement did not constitute an on-sale bar under the America Invents Act. The pre-AIA statute relating...more

3/17/2016 - America Invents Act Inventions License Agreements On-Sale Bar Patents Public Use Supply Agreements

U.S. Patent Rights Are Not Exhausted By Restricted U.S. Sales or By Any Foreign Sales

The U.S. Court of Appeals for the Federal Circuit has issued a significant new opinion on February 12, 2016, Lexmark International, Inc. v. Impression Products, Inc., Nos. 2014-1617, 2014-1619. The impact of this new opinion...more

2/16/2016 - Corporate Counsel Exhaustion Doctrine Lexmark LG Electronics License Agreements Patents Young Lawyers

Federal Circuit Approves Tactical Delay in Bringing Interference Action

On November 20, 2015, in In re Commonwealth Scientific Industrial Research Organisation and Bayer CropScience NV (2014-1710), the Court of Appeals for the Federal Circuit reversed a decision of the Patent Trial and Appeal...more

12/8/2015 - America Invents Act Interference Proceeding Patent Litigation Patent Trial and Appeal Board USPTO

Federal Circuit: IPR Proceedings are Constitutional

In MCM Portfolio v. HP (Fed. Cir. 2015), a three-judge panel of the Federal Circuit held that the Inter Partes Review (IPR) system implemented by the U.S. Patent and Trademark Office under the America Invents Act of 2011...more

12/7/2015 - America Invents Act IPR Patent Trial and Appeal Board Patents Post-Grant Review

URGENT: Change to Correction of Claims for Foreign Priority Dates

The Leahy-Smith America Invents Act (AIA) provides that the filing date of an earlier foreign patent application may now be the effective prior art date for subject matter disclosed in a U.S. patent or a U.S. patent...more

11/4/2015 - America Invents Act Foreign Patent Applications Patent Applications Patents Prior Art USPTO

Federal Circuit Broadens Test for Direct Infringement

On August 13, 2015, the Court of Appeals for the Federal Circuit issued an en banc decision in the long standing patent dispute between Limelight Networks, Inc. and Akamai Technologies, Inc. The dispute is centered on an...more

8/17/2015 - Corporate Counsel Covered Business Method Patents Direct Infringement Induced Infringement Limelight v Akamai Patent Infringement Patents Young Lawyers

Federal Circuit Creates a New Standard For Means-Plus-Function Claim Elements

On June 16, 2015, the U.S. Court of Appeals for the Federal Circuit issued an en banc decision in Williamson v. Citrix Online, LLC et al. that changes the way courts should analyze means-plus-function elements under 35 USC...more

6/23/2015 - Appeals En Banc Review Means-Plus-Function Patent Litigation Patents Popular

IEEE Approves Updated Patent Policy for Standard Essential Patents After Favorable DOJ Business Review Letter

On February 8, 2015, the Institute of Electrical and Electronics Engineers (IEEE) approved an updated Patent Policy for the IEEE Standards Association (IEEE-SA) Bylaws after receiving a favorable Business Review Letter from...more

2/17/2015

Hague Agreement Concerning International Registration of Industrial Designs

On December 18, 2012, President Barack Obama signed into law the “Patent Law Treaties Implementation Act of 2012,” S. 3486, which implements the Geneva Act of the Hague Agreement Concerning the International Registration of...more

2/17/2015 - Hague Agreement Patents USPTO WIPO

Willful Infringement and Enhanced Damages

Following the 2007 Federal Circuit decision In re Seagate Technology, LLC, some businesses decided that the need to obtain opinion letters from counsel in order to avoid findings of willful infringement was reduced. ...more

2/5/2015 - Enhanced Penalties Legal Opinion Patent Litigation Patents Willful Infringement

Recent Developments Relating to Antitrust and Intellectual Property: Patent Assertion Entities, FRAND and Patent Misuse

On Thursday November 6, the Federal Trade Commission (FTC) announced it had reached an agreement with MPHJ Technology Investments (MPHJ), a patent assertion entity, to settle the FTC’s Complaint that MPHJ allegedly made...more

11/26/2014 - Antitrust Provisions Deceptive Intent Federal Trade Commission Act FRAND FTC IP License Patent Assertion Entities Patents Qualcomm Royalties Settlement Small Business Unfair or Deceptive Trade Practices

CAFC Provides Further Judicial Guidance on Software Claims

On July 11, 2014, the Court of Appeals for the Federal Circuit decided Digitech Image Technologies, LLC v. Electronics For Imaging, Inc. The issue concerned patent eligibility under 35 USC 101. Digitech’s patent (U.S. Patent...more

7/16/2014 - CAFC Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Popular

USPTO Pilot Program for Glossaries Defining Claim Terms Begins June 2, 2014

The U.S. Patent and Trademark Office (USPTO) announced the launch of its new Glossary Pilot Program as part of ongoing efforts to strengthen the U.S. patent system. The pilot program, which will begin on June 2, 2014 and run...more

6/3/2014 - Patent Applications Patent Reform Patents Software USPTO

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