Controlling the Cost of Patent Litigation
Post-Grant Insights: The Impact of PTAB Appeals on the Federal Circuit
Post-Grant Insights: Key Considerations in PTAB Oral Hearings
Post-Grant Insights: What claims to include in your PTAB petition
Polsinelli Podcasts - Removing Caps on Punitive Damages: What is the Impact on Business?
IP|Trend: Dust up After the Breach
Thinking Compliance When Protecting Your Ideas Internationally
What are the Implications of Alice v. CLS?
Protecting Trade Secrets During Business Collaboration
IP|Trend: Inter Partes Review: Is It Still Right For You?
IS THE A IN ANDA BEGINNING TO MEAN ANTITRUST?
What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur?
Bill Beutler on Editing Wikipedia
Inter Partes Review Appeals: What You Need to Know
The AIA Has Moved the Cheese
Emerging Markets: Opportunity, Risk, and What it Means for Brand Protection
How is Graphene Currently Used and What is the Hope for the Future?
Derivation Proceedings: What You Need to Know
What is Graphene? Fenwick Patent Attorney Has the Answer
Examining Trends in Worldwide Design IP Filings
In Mitsubishi Plastics, Inc. v. Celgard, LLC, IPR2014-00524, Paper 17, )October 15, 2014), the Board gave a refresher course on objecting to evidence supporting a Petition. ...more
A recent order from the Patent Trial and Appeal Board (“Board”) in an inter partes review illustrates how the Board may handle situations where a party seeks to depose a declarant whose testimony was submitted through a...more
As the fallout of the Supreme Court's Alice Corp. v. CLS Bank decision propagates through the USPTO and lower courts, many patent applications and patents directed to business methods are being rejected or struck down for...more
Briggs v. Blomkamp - USDC, N.D. Cal., October 3, 2014 :
District court grants summary judgment for screenwriter and film companies in copyright infringement case, finding that plaintiff author lacked any evidence of...more
Still confused about how much discovery you will be able to obtain in an IPR? Fear not, as two of the PTAB’s Administrative Patent Judges have weighed in with a primer on inter partes review discovery. ...more
The PTAB recently denied institution of inter partes review based on a petitioner’s failure to prove that a document was indeed a printed publication qualifying as prior art to the patent at issue. ...more
SecureBuy LLC v. Cardinal Commerce Corp. -
Addressing the circumstances under which a Covered Business Method (CBM) patent review may proceed, the U.S. Patent and Trademark Office’s (USPTO) Patent Trial and Appeal...more
Dryer v. National Football League - USDC, D. Minn., October 10, 2014:
District court grants summary judgment in favor of NFL and against former professional football players who claimed that NFL’s use of video footage...more
In Catapult Innovations Pty Ltd. v. adidas AG, DER2014-00002, Paper 21, DER2014-00005, Paper 15 and DER2014-00006, Paper 15 (October 15, 2014), the Board denied rehearing of the Board’s decision denying institution of the...more
Nature of the Case and Issue(s) Presented: Apotex appealed the district court’s finding that the ’556 patent was unenforceable due to inequitable conduct. The ’556 patent describes a method for making moexipril tablets used...more
The Southern District of New York ordered LG Electronics Inc. to arbitrate with technology patent licensing company Wi-LAN Inc. a dispute over whether certain LG television models infringe patents LG does not own. The...more
Worldwide Home Products, Inc., v. Bed, Bath and Beyond, Inc., et al.
Case Number: 1:11-cv-03633-MHD -
Worldwide sued Bed, Bath and Beyond (BBB) for patent infringement of U.S. Patent No. 7938300 (“Nestable...more
There have been major developments in the trade, trade adjustment assistance, Trade Agreements, Customs, 337/IP, US/Chinese antitrust, and securities areas.
TRADE PROTECTIONISM INCLUDING UNFAIR TRADE CASES DO NOT WORK...more
Metaphysics is usually thought to be the province of philosophers or theologians. A recent decision by a U.S. District Court in Tennessee, Varsity Brands, Inc. v. Star Athletica, LLC, 110 U.S.P.Q.2d 1150 (W.D. Tenn. 2014),...more
U.S. Bancorp v. Retirement Capital Access Management Co. -
In the first final written decision issued in a Covered Business Method (CBM) proceeding, the Patent Trial and Appeal Board (PTAB, the Board) ruled that it has...more
It has been over three years since the Leahy-Smith America Invents Act was signed into law by President Obama, and just over eighteen months since the effective date of the first-inventor-to-file changes to 35 USC § 102....more
In GSI Commerce Solutions, Inc. v. Lakshmi Arunachalam, GSI filed a petition seeking covered business method patent review of U.S. Patent No. 8,346,894 relating to "facilat[ing] real-time two-way transactions, as opposed to...more
Old habits are hard to break. Patent attorneys love to put forth every argument in their arsenal and let the chips fall where they may. Problem is, Congress set up inter partes review procedures to ensure a just, efficient...more
Marks that border the line that divides descriptive from generic often topple into a virtual “black hole” on the distinctiveness continuum. The owner of such a mark may be required to meet an indefinite threshold of proof to...more
Last month, at the Biotechnology Industry Organization (BIO) IP & Diagnostics Symposium in Alexandria, VA, Sherry Knowles of Knowles IP Strategies addressed the impact of the U.S. Patent and Trademark Office's Myriad-Mayo...more
The fifty-first international meeting of the Internet Corporation for Assigned Names and Numbers (ICANN) formally commences on Monday, October 13, 2014, in Los Angeles, marking what will likely be the most well-attended North...more
Patent litigation costs continue to skyrocket. Complicating the problem is that defendants are facing potentially hundreds of their products being accused of patent infringement, and patent owners have to select from...more
Amicus briefs have become an established part of sophisticated litigation strategy -
As the value of intellectual property rights has skyrocketed, the law governing ownership and enforcement of those rights has grown...more
Hunter Douglas, Inc. v. Kohl’s Corporation, et al.
Case Number: 1:14-cv-01743 -
Plaintiff Hunter Douglas and defendant Welcome Industrial Corp. entered into a consent decree enjoining Welcome from infringing...more
We’ve written previously about how intellectual property owners can obtain both patent and trade secret protection in the same technology. A case out of the Federal Circuit illustrates that IP holders sometimes choose to...more
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