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Intellectual Property Updates

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

Expanded Panel of the PTAB Provides Guidance on Serial Petitions for Inter Partes Review of the Same Patents in “Informative” Case...

UPDATE: The PTAB has designated this decision as “informative,” which is a category one step below precedential used to provide guidance for future panels. An expanded panel of the PTAB recently provided additional...more

Building a Health App? Part 2: Protecting Your Intellectual Property

This post is the second in a series of weekly blog posts covering legal issues for consideration during the early stages of development of a health app and providing best practices to help guide you through a successful...more

DTSA Does Not Create a Private Civil Cause of Action for Conspiracy to Commit Trade Secret Theft

The Defend Trade Secrets Acts (DTSA) provides an important tool for any company possessing trade secrets to bring a suit in federal court to remedy and prevent dissemination of a misappropriated trade secret. Specifically,...more

Departing Employees: Ensuring Protection of Trade Secrets and Intellectual Property

“Knowledge is power” goes the old adage. Well, that is certainly true in the world of business where secret processes, confidential designs, and even a good customer list can give a business a vital commercial edge over its...more

Funding Arrangements in Private Litigation Are Private Matters—Not to Be Scrutinized by the Federal Court or the Defendant

by Bennett Jones LLP on

Equip: IP Litigation Case of the Week - The cost of litigation can be a non-starter for an intellectual property owner with a strong infringement case. Litigation funding enterprises can help where the cost of litigation...more

Federal Circuit Provides Much Needed Patent Venue Guidance Post TC Heartland

by Fenwick & West LLP on

The Federal Circuit has issued a landmark venue decision setting forth the standard for determining what constitutes a “regular and established place of business” under 28 U.S.C. § 1400(b). Section 1400(b) limits venue in...more

Federal Circuit Rejects Eastern District of Texas’s Post-TC Heartland Venue Test

In In re Cray Inc., the Federal Circuit directed the Eastern District of Texas to transfer a patent infringement case brought by Raytheon against Cray out of the district. In doing so, the Federal Circuit rejected the...more

Shearman & Sterling’s Digest on Federal Circuit Jurisprudence Concerning the “Abstract Idea” Exception to 35 U.S.C. § 101

by Shearman & Sterling LLP on

At first glance, the development of Section 101 jurisprudence appears chaotic. The Supreme Court captured several different kinds of problems in Alice and its earlier patentable-subject-matter opinions, and the Federal...more

New Measures to Combat Chinese Trade Secrets Theft: Will They Work?

For trade secret owners, international IP theft is of particular concern because of the difficulty in catching and enforcing remedies against the thieves. For many U.S. companies with a global reach, an overriding concern...more

Views on Venue -- Take Two: Did the District of Delaware Get It Right?

We recently reported that Chief Judge Stark of the District of Delaware interpreted the second prong of the patent venue statute, 28 U.S.C. § 1400(b), in Bristol-Myers Squibb Company v. Mylan because the first prong was no...more

Federal Circuit Clarifies Venue Law in the Wake of TC Heartland

by Morgan Lewis on

On September 21, the US Court of Appeals for the Federal Circuit issued an opinion in In re: Cray Inc. clarifying how district courts should determine whether a patent infringement defendant maintains a “regular and...more

UPC timeline update

by Hogan Lovells on

The Unified Patent Court has provided an update regarding the pending case in the German Federal Constitutional Court (FCC). It states that at present it "is now difficult to predict any timeline" and...more

Which Of These Brains Is Not Like The Others? Of Monkeys, Humans and Artificial Intelligence

by SmithAmundsen LLC on

Previously, we reported on a (fabulous) selfie taken by Naruto, a seven-year-old crested macaque monkey. Readers may recall that David Slater, a famous wildlife photographer, deliberately left his camera where a troop of...more

Chief Judge Stark Grants IBM’s Motion For Summary Judgment Of No Anticipation

by Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Leonard P. Stark in International Business Machines Corp. v. The Priceline Group Inc. et al., Civil Action No. 15-137-LPS (D.Del. September 18, 2017), the Court, among other...more

Todd Walters Participates in Fireside Chat with Chief Judge of PTAB

On Tuesday, September 12, 2017, the Patent Trial & Appeal Board (PTAB) conducted a special “Boardside Chat” webinar with Chief Judge David Ruschke. Todd Walters represented the American Bar Association Intellectual Property...more

PTAB Designates as “Informative” Expanded PTAB Panel Decision Adopting the Seven NVIDIA Factors For Evaluating Follow-On Petitions...

by Knobbe Martens on

The PTAB’s Chief Administrative Patent Judge and Deputy Chief Administrative Patent Judge joined an expanded PTAB panel that adopted the seven NVIDIA factors and denied institution of the Petitioner’s follow-on petitions in...more

Federal Circuit Upholds $112 Million Win for Knobbe Martens Client CardiAQ

by Knobbe Martens on

On September 1, the U.S. Court of Appeals for the Federal Circuit affirmed a $112 million win for Knobbe Martens client CardiAQ in its trade secret misappropriation case against former service provider Neovasc. A three-judge...more

PTAB Grants Rare Rehearing Due To Insufficient Evidence Of Obviousness

by Jones Day on

In Coalition For Affordable Drugs VI, LLC v. Celgene Corp. (2015-01096, -01102, -01103), the PTAB granted Patent Owner Celgene’s request for rehearing of a final written decision that had found the challenged claims invalid...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In In Re Cray, the panel grants Cray’s petition for a writ of mandamus, ruling that the district court’s handling of the case is not consistent with its case law regarding what is “a regular and established place of...more

Don’t Fall for a Scam: Trademark Owners Targeted

Owners of federal trademark registrations and applications have been continuously targeted by scam artists who pull owner names from the United States Patent and Trademark Office (USPTO) database and contact these owners...more

CAFC Issues Writ of Mandamus reversing Eastern District of Texas 4-Factor Test for a “Regular and Established Place of Business”...

In In re: Cray, Inc, No. 2017-129, the CAFC issued a writ of mandamus vacating Judge Gilstrap’s decision involving venue under 28 U.S.C. §1400(b) in Raytheon Co. v. Cray Inc., Case No. 15-cv-1554 (E.D. Texas). That earlier...more

Canada introduces reporting mechanism for dangerous counterfeit goods, helping rights holders protect their brands at the border

by Smart & Biggar on

Recently, the Canada Border Services Agency (CBSA), the federal organization responsible for policing Canada’s borders, issued a Customs Notice (CN17-27) to advise the public and rights holders that its 24/7 “Border Watch”...more

Doctrine of Equivalents and Prosecution History Estoppel Around the World

Please see full Doctrine of Equivalents Chart for Countries around the World. ...more

The Grinch loses and protection of parody wins

by Thompson Coburn LLP on

Someone once said make sure your words are sweet as you may have to eat them. In the attached decision, the Judge finds the play "Who’s Holiday" is a parody entitled to fair use. He grants Plaintiffs’ motion for judgment on...more

Patent Trial and Appeal Board Activity in the First Five Years+

by Knobbe Martens on

September 16, 2017 marked five years since the Patent Trial and Appeal Board (PTAB) was created. Some of the notable statistics and trends of the previous 5 years are shown here....more

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