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Administrative Law › Intellectual Property › Civil Procedure

Read Administrative Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

News & Analysis as of May 19, 2013

King & Spalding

ITC Section 337 Update - April 15, 2013

by King & Spalding on 4/19/2013

Commission Notice In 874 Investigation Directing Early Determination Whether NPE Complainant Satisfied Domestic Industry Requirement – On March 22, 2013, the Commission issued a Notice instituting Certain Products...more

Venable LLP

Trade Secret Legislation May Increase Infringement Claims and Lead to a Private Right of Action

by Robert Parr, Armand Zottola | Venable LLP on 1/18/2013

Congress recently took new steps to protect trade secrets, which are generally defined as all forms or types of financial, business, scientific, technical, economic, or engineering information that the owner has taken...more

Venable LLP

A Major Change in Patent Term Adjustment Calculus on Appeal to the Federal Circuit: Steps Applicants May Need to Consider to...

by Ryan M. Flandro, Fabian M. Koenigbauer, Damon Wright | Venable LLP on 1/17/2013

On November 1, 2012, Judge T.S. Ellis of the U.S. District Court for the Eastern District of Virginia decided Exelixis, Inc. v. Kappos (Case No. 1:12-cv-00096). Ruling against the U.S. Patent & Trademark Office (USPTO),...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

AIA Technical Corrections Bill Signed Into Law

by MIchele Cimbala, Jeremiah Frueauf | Sterne, Kessler, Goldstein & Fox P.L.L.C. on 1/16/2013

President Obama signed into law H.R. 6621 on January 14, 2013, enacting a number of technical corrections to the Leahy-Smith America Invents Act and title 35, United States Code. In addition to correcting a number of...more

Freehills Patent Attorneys

Australian Patent Term Extension: A “Long-Term” Battle

by Alexandra Angelatos, Tom Gumley | Freehills Patent Attorneys on 1/15/2013

If it was ever in doubt as to whether an application for an extension of a pharmaceutical patent term could be late filed after the due date, this recent decision would seem to have removed it, clarifying that late filing is...more

Womble Carlyle Sandridge & Rice, PLLC

Federal Circuit May Have More To Say On Patent Term Adjustment (PTA) As USPTO Appeals Exelixis v. Kappos

by Womble Carlyle Sandridge & Rice, PLLC on 1/14/2013

Executive Summary: Three years removed from the Federal Circuit’s decision in Wyeth v. Kappos, patentees are seeking additional extensions of patent term based on the recent decision issued in Exelixis v. Kappos, which could...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

USPTO Issues First Decision Instituting CBM

by Michelle Holoubek | Sterne, Kessler, Goldstein & Fox P.L.L.C. on 1/11/2013

On January 9, 2013, the Patent Trial and Appeal Board (PTAB) issued its first decision in a Covered Business Method Patent Review (CBM) proceeding, instituting the trial on all claims requested. The decision issued in...more

Winthrop & Weinstine, P.A.

Supreme Court Upholds Nike’s Promise to “Break the Wrist, and Walk Away”

by Steve Baird | Winthrop & Weinstine, P.A. on 1/10/2013

Not every day does the United States Supreme Court weigh in on a topic impacting the trademark world, but it did so yesterday in Already, LLC v. Nike, Inc., a case illustrating what can happen when a trademark plaintiff wants...more

BakerHostetler

Patent Watch: C.W. Zumbiel Co. v. Kappos

by Lawrence M. Sung | BakerHostetler on 1/10/2013

[T]he preamble constitutes a limitation when the claim(s) depend on it for antecedent basis, or when it "is essential to understand limitations or terms in the claim body." On December 27, 2012, in C.W. Zumbiel Co. v....more

McDonnell Boehnen Hulbert & Berghoff LLP

Court Report - January 7, 2013

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 1/7/2013

In This Issue: Life Technologies Corp. et al. v. Kappos et al.; Abbvie Biotechnology, Ltd. v. Kappos; Human Genome Sciences, Inc. v. Kappos; and Shionogi & Co., Ltd. v. Sandoz Inc. ...more

Foley & Lardner LLP

Congress Approves Patent "Corrections and Improvements" Act, President's Signature Expected Shortly

by Andrew S. Baluch | Foley & Lardner LLP on 1/7/2013

On January 1, 2013, a bill (H.R. 6621) cleared both houses of Congress to “correct and improve certain provisions” in the Leahy-Smith America Invents Act of 2011 (AIA) and in other parts the Patent Act....more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: Availability of Documents at the EPO -- EPO Board of Appeal Decision T1839/11

by McDonnell Boehnen Hulbert & Berghoff LLP on 1/7/2013

Originally published in Forresters on January 6, 2012. Background: The patent - NovozymesFollowing grant of a patent to Novozymes in November 2009, the patent was asserted in Denmark, Germany, the Netherlands...more

Morrison & Foerster LLP

America Invents Act Updates Take Final Form

by Anders Aannestad, Kate McElhone, Cary Miller | Morrison & Foerster LLP on 1/5/2013

In a last-minute decision for the 112th Congress, the House of Representatives approved an America Invents Act (AIA) technical-revisions bill as amended by the Senate (H.R. 6621) on January 1, 2013. President Obama is...more

Foley & Lardner LLP

USPTO Appeals Exelixis Patent Term Adjustment Decision

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 1/5/2013

As expected, the USPTO has filed a Notice of Appeal in the Exelixis patent term adjustment (PTA) case....more

Pillsbury Winthrop Shaw Pittman LLP

AIA Correction Bill

by Pillsbury Winthrop Shaw Pittman LLP on 1/5/2013

On December 28, 2012, the Senate passed an amendment correcting certain portions of the AIA, and the House approved the amendment via voice vote on Tuesday, January 1, 2013. The amendment will permit inter partes review of...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Three Stories of 2012

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 1/4/2013

Reflecting upon the events of the past twelve months, Patent Docs presents its sixth annual list of top biotech/pharma patent stories. For 2012, we identified fifteen stories that were covered on Patent Docs last year that...more

Bracewell & Giuliani LLP

Stripped of Controversial Provisions, Lame-Duck Patent Reform Heads to Obama's Desk

by Jonathon K. Hance, Constance Gall Rhebergen, Michael R. Samardzija, Ph.D., Jeffrey S. Whittle | Bracewell & Giuliani LLP on 1/4/2013

On January 1, 2013 — immediately after passing the fiscal crisis bill — the House of Representatives agreed by voice vote (at 11:13 PM) to approve the Senate's Amendments to H.R. 6621. A controversial provision that would...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2012: #4 to #7

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 1/3/2013

Reflecting upon the events of the past twelve months, Patent Docs presents its sixth annual list of top biotech/pharma patent stories. For 2012, we identified fifteen stories that were covered on Patent Docs last year that...more

BLG Monthly Update for January 2013

by Neil Guthrie on 1/3/2013

Pot-smoking teens, ownership of e-mail, insider trading on false info -- all this and more in the BLG Monthly Update for January 2013!...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2012: #12 to #15

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 1/2/2013

Reflecting upon the events of the past twelve months, Patent Docs presents its sixth annual list of top biotech/pharma patent stories. For 2012, we identified fifteen stories that were covered on Patent Docs last year that...more

Loeb & Loeb LLP

Upcoming Patent Law Changes Will Put Pressure on Patents

by John Griem, Jr. | Loeb & Loeb LLP on 1/2/2013

Originally published in Pharmaceutical Outsourcing’s website on December 2012. Patent law is changing rapidly. The changes are putting even greater pressure on patents as a tool for protecting a pharmaceutical or...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2012: #8 to #11

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 1/2/2013

Reflecting upon the events of the past twelve months, Patent Docs presents its sixth annual list of top biotech/pharma patent stories. For 2012, we identified fifteen stories that were covered on Patent Docs last year that...more

McDonnell Boehnen Hulbert & Berghoff LLP

Court Report - December 30, 2012

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 12/31/2012

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eli Lilly and Company v. Kappos et al. - 1:12-cv-01491; filed December 26, 2012 in the Eastern District of...more

King & Spalding

Intellectual Property Newsletter - December 2012

by King & Spalding on 12/29/2012

In This Issue: ..News From the Bench: - Clarification of the “Vitiation Test” when applying the Doctrine of Equivalents. - The “Success More Likely Than Not” and “Ordinary Observer” Standards for a...more

Quinn Emanuel Urquhart & Sullivan, LLP

Business Litigation Report -- December 2012

by Quinn Emanuel Urquhart & Sullivan, LLP on 12/21/2012

In This Issue: Firm News: ..Quinn Emanuel Deutschland Named “IP Law Firm of the Year” and “Patent Law Firm of the Year” by JUVE ..Intellectual Property Trial Lawyer Amar Thakur Joins Quinn Emanuel...more

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