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Intellectual Property Science, Computers & Technology

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

Drug Cartel Heirs Have Netflix In Their Crosshairs

by Fox Rothschild LLP on

Drug cartels are notorious for murder and extortion, but the family of the late drug lord Pablo Escobar has unleashed the scariest weapon of all–trademark litigation. Escobar, Inc. has a longstanding grudge against the...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

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

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 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

Doctrine of Equivalents and Prosecution History Estoppel Around the World

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

Federal Circuit Provides Important Guidance on Establishing Patent Venue

by Orrick - IP Landscape on

Order Granting Mandamus and Directing Transfer of Case, Raytheon Company v. Cray, Inc., Federal Circuit (September 21, 2017) - The Federal Circuit today clarified what it means to have “a regular and established place of...more

EU General Data Protection Regulation

by Locke Lord LLP on

The EU’s General Data Protection Regulation (679/2016/EU), the GDPR, comes into force across the EU on 25 May 2018. As it is being made by Regulation the GDPR, unlike the existing Data Protection Directive (implemented into...more

Patent Eligibility Pointers from the Federal Circuit – Part I

What characteristics of a claim do the courts use to determine if a claimed invention meets the statutory requirements under 35 USC §101? This question has been vexing patent attorneys for years, with the question becoming...more

Federal Circuit Vacates Judge Gilstrap’s Controversial Venue Test

The Eastern District of Texas has been the hotbed of patent ligation for years, and that is undoubtedly threatened in light of the Supreme Court’s decision on venue in TC Heartland.  But the Eastern District clearly won’t go...more

Judge Dow Orders New Trial Due to Unreliable Consumer Confusion Survey

by Orrick - IP Landscape on

Order Granting Motion for New Trial, The Black & Decker Corp., et al. v. Positec USA, Inc., et al., N.D. Ill. (September 11, 2017) (Judge Robert M. Dow, Jr.) - Trademark litigants often submit survey evidence to prove that...more

Intellectual Ventures v. Motorola: Use = Benefit for the Purposes of System Claims Infringement

by BakerHostetler on

On Sept. 13, 2017, the United States District Court for the Federal Circuit clarified the meaning of the term “use” as it applies to system claims in patent infringement actions. In doing so, the court held that an infringer...more

Celgene Notches Rare Win On PTAB Request For Rehearing

by Foley & Lardner LLP on

The recent decisions of the USPTO Patent Trial and Appeal Board (PTAB) granting Celgene’s requests for rehearing in parallel Inter Partes Review proceedings brought by Kyle Bass’s Coalition for Affordable Drugs (CFAD) are...more

PTAB Chief Judge Discusses Post-grant Review Statistics at IPO Meeting

The value of the post-grant review programs (post-grant review, inter partes review, and covered business methods review) has been debated since these provisions were enacted as part of the Leahy-Smith America Invents Act in...more

District of Delaware “Clips”- Off Venue-Discovery for Medical Device Company but Allows It for Pharmaceutical Company

by Orrick - IP Landscape on

Boston Sci. Corp. v. Cook Grp., Inc., No. 15-980-LPS-CJB, 2017 U.S. Dist. LEXIS 146126, at *2 (D. Del. Sep. 11, 2017); Bristol-Myers Squibb Co. v. Mylan Pharm., Inc., No. 17-379-LPS, 2017 U.S. Dist. LEXIS 146372, at *3 (D....more

Surviving Alice with an Appeal

by Fenwick & West LLP on

This third article in the “Surviving Alice” series examines how the USPTO’s Patent Trial and Appeal Board has responded to the U.S. Supreme Court’s June 2014 Alice decision. It also shows how applicants can use the PTAB’s...more

Sling TV Sued on Use of H.264 Standard in Streaming Media Services

While much of the attention on NPE patent litigation centers on the big technology players like Google and Apple, literally hundreds of other technology companies face these lawsuits, and more and more of that litigation...more

Federal Circuit: PTO Can’t Shift Burden Of Proof Of Patentability To Applicant

by Weintraub Tobin on

In In re Stepan Co., 2017 U.S. App. LEXIS 16246, decided August 25, 2017 the Federal Circuit Court of Appeals made it very clear that during patent prosecution, the burden of proving patent ability lies with the PTO examiner....more

A Seismic Shift in UK Patent Infringement Law - Actavis v. Eli Lilly

In a decision that appears to have introduced a doctrine of equivalents for the first time, the UK Supreme Court has shifted the laws on patent infringement in Actavis v. Eli Lilly UK [2017] UKSC 48. While this case...more

District Court Finds Mallinckrodt Patents Claim Unpatentable Natural Phenomena

by Knobbe Martens on

The recent district court ruling in INO Therapeutics LLC et al v. Praxair Distribution, Inc. et al employed the two-step analytical framework of Mayo/Alice to evaluate subject matter eligibility under 35 U.S.C. § 101, and the...more

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