Patent Litigation and the Proposed Innovation Act of 2013
Developing a Business Strategy that Deters Counterfeiters
Protecting Trade Secrets When Employees Depart
Polsinelli Podcast - Conducting Business in China
Are there going to be new generic top level domains available in the future?
Beastie Boys Sue; Law Prof's 'Head Spins'
Polsinelli Podcast - Generic Drugs to Market - What's the Climate in 2014?
The Building Blocks of a Technology Deal
Emerging Strategies for Protecting Global IP Rights
Starting a new business? Intellectual Property 101 Presented by Prof. Islam & PA Thomas Lewry
Warranty vs. Indemnity
What should my company be aware of when launching a new website?
Demonstratives in Post-Grant Proceedings
Video: Claim Contruction in Post-Grant Proceedings
Why Choose the Dual Track Process?
Claim Amendments in Post-Grant Proceedings
Due Diligence in Mergers, Acquisitions, and Corporate Transactions
International Patent Laws – Interview with Julian Crump, Managing Member, Mintz Levin's London, UK Office
Court Stay Factors in Concurrent Post-Grant Proceedings
On March 12, 2014, the Wyoming Supreme Court issued a highly anticipated ruling in a case concerning the scope of trade secret protection available to exempt certain fracking chemical information—which Wyoming requires to be...more
In this patent infringement action between Emblaze and Apple, Apple filed a motion to stay the case pending the recent grant of certiorari in Akamai v. Limelight Networks. In Akamai, a divided en banc Federal Circuit panel...more
In a 106-page opinion, U.S. District Court Judge Robert J. Shelby on Monday denied Myriad Genetics motion for preliminary injunction in Myriad Genetics v. Ambry Genetics. Characteristic of its aggressive defense of its...more
In a long-awaited decision, the Federal Circuit ruled en banc to uphold the the de novo standard for appellate review of claim construction issues, which was previously established in another en banc decision, Cybor Corp. v....more
On March 4th, 2014, the U.S. Patent and Trademark Office (USPTO) issued “2014 Procedures For Subject Matter Eligibility Analysis Of Claims Reciting Or Involving Laws of Nature/Natural Principles, Natural Phenomena, And/Or...more
The San Diego Intellectual Property Law Association (SDIPLA) is one of two groups that have filed an amicus curiae brief urging reversal of the District Court's summary judgment decision in Ariosa Inc v. Sequenom, Inc. (The...more
Updated subject matter eligibility guidance from the USPTO -
On the same day that the Supreme Court’s opinion was handed down in Assoc. for Mol. Pathology v. Myriad Genetics, 133 S. Ct. 2107 (2013), the U.S. Patent...more
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
New Filings -
Medtronic, Inc. filed IPR2014-00487 challenging claims 1-14, 19, 20, and 23-27 of U.S. Patent No. 8,361,156 on Systems and Methods of Spinal Fusion, assigned to Nuvasive, Inc. ...more
The USPTO issued new guidelines for determining if claims are eligible for patenting in light of the Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S., 133 S. Ct. 2107, 2116, 106 USPQ2d 1972 (2013), and...more
The USPTO has issued new patent subject matter eligibility guidelines to aid examiners in applying the principles of Myriad and Prometheus to any claim “reciting or involving laws of nature/natural principles, natural...more
Today, the United States Patent and Trademark Office (“USPTO”) issued a Guidance, advising examiners and the public of the factors for determining whether an invention satisfies the U.S. Supreme Court’s interpretation of 35...more
In response to a patent owner’s post-institution motion to terminate an inter partes review (IPR) proceeding, an expanded panel of the Patent Trial and Appeal Board (PTAB) gave further definition to the triggering events of...more
Addressing the issue of whether claims directed to real estate appraisal techniques were patent-eligible, the Patent Trial and Appeal Board (Board), in a Covered Business Method (CBM) post-grant review, determined the claims...more
In 2011, Cyberfone sued CNN and 80 other defendants in the U.S. District Court for the District of Delaware for infringement of U.S. Patent No. 8,019,060. On the defendants' motion for summary judgment, the District Court...more
In a Covered Business Method (CBM) post-issuance review, the Patent Trial and Appeal Board (PTAB) cancelled all claims under review, concluding that the challenged claims were directed to non-eligible subject matter directed...more
In the final written decision of the second covered business method (CBM) patent review, the Patent Trial and Appeals Board (PTAB) cancelled all claims under review, noting that instituting a CBM review based on a...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Takeda Pharmaceuticals USA Inc. v. Watson Laboratories Inc. et al. 1:14-cv-00268; filed February 27, 2014 in the...more
The U.S. Court of Appeals for the Federal Circuit, in a decision providing a glimpse into a panel’s post-Alice position with regard to patent-eligibility of computer-implemented inventions (under 35 U.S.C. § 101), determined...more
While Patent Owners have finally succeeded in having claims survive an inter partes review proceeding, no Patent Owner has yet to find the magic formula that successfully navigates a motion to amend. In a Final Written...more
In This Issue -
..Kathleen Sullivan Featured in December 2013 The American Lawyer Cover Story
..Quinn Emanuel Named to BTI’s 2014 “Client Service A-Team” Honor Roll
Applying the TiVo standard on finding of contempt when an infringer releases a new or modified product, the U.S. Court of Appeals for the Federal Circuit vacated the district court’s contempt order, concluding that a new...more
Addressing the issue of whether a failure to specifically reference each earlier filed patent applications will result in a loss of claim of priority to the omitted application, the U.S. Court of Appeals for the Federal...more
The Federal Circuit issued an opinion on Monday in GlaxoSmithKline LLC v. Banner Pharmacaps, Inc. illustrating how difficult it can be to overturn a district court determination based on a question of fact, at least when the...more
In This Issue:
Suprema, Inc. v. ITC; Ibormeith IP, LLC v. Mercedes-Benz USA, LLC; Intellect Wireless v. HTC; and IPR’s Limited Grounds Prove Challenging for Petitioners.
Excerpt from Suprema, Inc. v. ITC...more
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