Stefan Hankin on Online Harassment
What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur?
A Moment of Simple Justice - Revenge Porn
Why Cyber Security?
How Fenwick Partners Caught the Tech Wave
How is Graphene Currently Used and What is the Hope for the Future?
What is Graphene? Fenwick Patent Attorney Has the Answer
Two Tips for Inventors Filing Patent Applications
Are Criminal Laws the Right Response to Revenge Porn?
Why Law Firms Are Starting to Think Like Media Companies
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Protecting and Enforcing Your High Technology Intellectual Property - Webinar Replay
Did the IRS Just Help or Hurt the Bitcoin Economy?
Legal Tech Startups: Separating Hype from Opportunity
Jail Time for Revenge Porn Offenses?
Polsinelli Podcast - Conducting Business in China
Rolling Out LPM Software at Akin Gump
Polsinelli Podcast - Generic Drugs to Market - What's the Climate in 2014?
Emerging Strategies for Protecting Global IP Rights
Data Center Networks – Interview with Jeff Moerdler, Member, Mintz Levin
In This Issue:
- The Analysis for Design Patent Infringement Post-Egyptian Goddess
- Supreme Court Issues Decision in Alice Corp. v. CLS Bank
- Capitol Records, LLC v. Pandora Media, Inc.: Future of...more
U.S. Patent No. 6,645,948 (“Nutritional composition for the treatment of connective tissue”) claims a “nutritional composition for the treatment of connective tissue in mammals comprising: a therapeutically effective amount...more
It is strongly arguable that insofar as the USPTO's Myriad-Mayo Guidance dismisses as non-eligible newly isolated substances (including small molecules), nucleotide sequences and microorganisms having new utility (US...more
Post Grant Review of Patent Favors Stay of Litigation -
In VIRTUALAGILITY INC. v. SALESFORCE.COM, INC., Appeal No. 14-1232, the Federal Circuit reversed the district court's denial of a motion to stay pending a post...more
In AbbVie Inc. v. Kennedy Institute of Rheumatology Trust, the Federal Circuit affirmed the district court’s finding that a second patent covering AbbVie’s Humira product is invalid under the doctrine of obviousness-type...more
A Family Feud Over the Family Name -
Harry Winston Inc. has prevailed in its opposition to registration of BRUCE WINSTON, the name of Harry Winston’s son.
Harry Winston is one of the most well-known names in...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Aptalis Pharmatech Inc. et al. v. Apotex Inc. et al. 1:14-cv-01038; filed August 11, 2014 in the District Court of...more
When Congress last completely overhauled the Copyright Act in 1976, disco topped the charts, Charlie’s Angels was making its television debut, and fax machines were revolutionizing how people communicated. But it was this...more
There's an old saying that “bad facts make bad law,” acknowledging that a court's decisions regarding extreme cases can result in law poorly adapted to less extreme cases. The Supreme Court's recent trio of 35 U.S.C. § 101...more
DISTRICT COURT CASES -
Showing of a Substantial Case of Irreparable Harm to Losing Plaintiff Justifies Injunction Against Defendant During Appeal -
Following a bench trial, but before the court issued a...more
On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural...more
In a matter related to Case no. 1:13–cv-01358–PAC, Abbvie requested attorney and expert fees following the court’s determination that U.S. Patent No. 7,846,442 (“Methods of treating rheumatoid arthritis with an anti-TNF-alpha...more
It has been five months since the USPTO issued its Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural Products to aid examiners in applying the...more
Key questions in most trade secret cases are whether information was misappropriated and whether that information qualified as a trade secret in the first place. Under the Uniform Trade Secrets Act’s definition of a trade...more
On Friday, August 15, 2014, Judge Gerald McHugh of the Eastern District of Pennsylvania let stand several counterclaims that IMS Health Inc. (IMS) made against Symphony Health Solutions Corp. (Symphony) in connection with...more
The court had previously determined that The Kennedy Trust’s U.S. Patent No. 7,846,442 (the “parent patent”) was invalid for obviousness-type double patenting (“ODP”) to U.S. Patent No. 6,270,766 (“the grandparent“). At issue...more
Prior claiming was a ground of invalidity under the Patents Act 1952 (1952 Act). It prevented grant of a patent claiming subject matter already claimed by another patent. Prior claiming was superseded by the broader concept...more
This is one of two related articles on aspects of prior claiming. Prior claiming was a ground of invalidity under the Patents Act 1952 (1952 Act). It prevented grant of a patent claiming subject matter already claimed by...more
Institution Decisions -
In Google Inc. v. Arendi S.A.R.L., IPR2014-00450, Paper 10 (August 20, 2014), the Board instituted inter partes review of claims 1, 7, 10, 12, 16, and 20 of U.S. Patent No. 7,921,356, but not with...more
Parties have tried different strategies in addressing claim construction in inter partes review petitions. Some have relied strictly on a generic “broadest reasonable interpretation” argument; others have followed a more...more
Last week, the Federal Circuit affirmed a finding of inequitable conduct in Apotex v. USB, a relatively rare occurrence in the years after the Federal Circuit's decision in Therasense v. Becton, Dickenson. In the Therasense...more
Judge Engelmayer found claims of DietGoal’s U.S. Patent No. 6,858,516 (“Method and system for computerized visual behavior analysis, training, and planning”) invalid under § 101, and so he granted Bravo’s motion for summary...more
In Apotex Inc. v. UCB, Inc., the Federal Circuit upheld the district court’s finding that Apotex’s patent is unenforceable due to inequitable conduct. While affirming on the ground of “but-for materiality,” the Federal...more
Ever since the 2010 Supreme Court opinion in Bilski v. Kappos was handed down, the debate over the scope of patent-eligibility under 35 U.S.C. § 101 has been at times stimulating, complex, comical, and frustrating. Now it...more
Authors Guild, Inc., et al. v. HathiTrust, et al. -
The U.S. Court of Appeals for the Second Circuit, affirming a district court summary judgment ruling in favor of a consortium of authors, ruled that the unauthorized...more
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