Brooks Kushman P.C.

Method For Preserving Hepatocytes Patent-Eligible, Despite Use Of Newly-Discovered Natural Cell Characteristics

Rapid Litigation Management, Inc. v. CellzDirect, Inc., No. 2015-1570 (Fed. Cir. July 5, 2016) - The Federal Circuit recently held that a patent covering a process for producing a preparation of frozen liver cells…more
| Intellectual Property, Science, Computers, & Technology

Supreme Court 2015-2016 Intellectual Property Case Review

At the end of June, the U.S. Supreme Court’s October 2015 term came to a close. The Court issued written decisions in three intellectual property cases during that term, the same number of cases as during the previous term, but…more
| Administrative Law, Civil Procedure, Civil Remedies, Intellectual Property, International Law & Trade

Supreme Court’s Cuozzo Decision Endorses AIA Trial Proceedings, But Preserves Key Roles for both the PTAB and Federal Courts in Patent Disputes

In Cuozzo Speed Techs., LLC v. Lee,[i] the U.S. Supreme Court rejected the patent owner’s challenge to the U.S. Patent and Trademark Office’s implementation of the Leahy-Smith America Invents Act’s new post grant proceedings…more
| Administrative Law, Civil Procedure, Constitutional Law, Intellectual Property

Federal Circuit Rules That PTAB May Base AIA Trial Decision on Facts Outside Petition for Review

The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision by the USPTO Patent Trial and Appeal Board (PTAB) invalidating two patents after an inter partes review proceeding, even though the decision…more
| Administrative Law, Civil Procedure, Intellectual Property

Kirtsaeng v. Wiley & Sons, Inc.: Supreme Court Sets Standard for Attorney Fee Awards in Copyright Cases

In a unanimous opinion, the U.S. Supreme Court recently held that in considering whether to award attorneys’ fees to a prevailing party as an element of “costs” under the Copyright Act, a court should give substantial weight to…more
| Civil Procedure, Civil Remedies, Intellectual Property

Supreme Court Affirms “Broadest Reasonable Interpretation” Claim Construction Standard and Limited Appeals For AIA Trials

On June 20, 2016, the U.S. Supreme Court decided Cuozzo Speed Technologies, LLC v. Lee, No. 15-446. The Court affirmed the decision of the U.S. Court of Appeals for the Federal Circuit, holding that the USPTO acted within its…more
| Administrative Law, Civil Procedure, Constitutional Law, Intellectual Property

Supreme Court Relaxes Standard for Willful Infringement – Higher Risk of Enhanced Damage Awards May Require Clients to Reassess Strategies

In a unanimous opinion, the U.S. Supreme Court rejected the prevailing Seagate test for finding willful infringement in patent cases – a finding for which a “court may increase the damages up to three times the amount found or…more
| Civil Procedure, Civil Remedies, Intellectual Property

In re Aqua Products, Inc.: Federal Circuit Continues To Uphold PTAB Limits on Motions To Amend

Although the America Invents Act permits patent owners to file motions to amend claims in a patent under review, see e.g., 35 U.S.C. § 316(d), patentees generally have been unsuccessful in seeking amendments. The USPTO has…more
| Administrative Law, Civil Procedure, Intellectual Property

“Defend Trade Secrets Act” Signed Into Law Effective May 11, 2016

The Defendant Trade Secrets Act of 2016 (“DTSA”), was signed into law by President Obama on May 11, 2016. The new statute creates broad private federal cause of action for trade secret misappropriation and has been hailed as…more
| Civil Remedies, Conflict of Laws, Intellectual Property, Labor & Employment Law

Supreme Court Hears Oral Arguments In First Appeal From AIA Post-Grant Proceeding: Justices Focus on Practical Consequences of Dual Claim Construction Standards

On April 25, 2016, the U.S. Supreme Court heard oral arguments in its first appeal from a decision by the USPTO’s Patent Trial and Appeal Board (“PTAB” or “Board”) in an inter partes review proceeding (“IPR”) under the…more
| Administrative Law, Civil Procedure, Intellectual Property

USPTO Issues Scaled-Down Revised Rules For PTAB Trials

On April 1, 2016, the U.S. Patent and Trademark Office published final rules modifying some procedures used in AIA trials before the Patent Trial and Appeal Board (PTAB). The revised rules arise from comments received from…more
| Civil Procedure, Intellectual Property

Federal Circuit Okays PTAB Practice of Reviewing Fewer Than All Challenged Claims in IPR

In a recent decision, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit ruled that the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) acted properly in issuing a final…more
| Administrative Law, Civil Procedure, Intellectual Property

Federal Circuit Judges Voice Concern Over PTAB Practice of Denying AIA Petitions Based on “Redundancy”

In a recent oral argument, Federal Circuit judges criticized the USPTO practice of not instituting AIA post grant proceedings on grounds considered “redundant” of other grounds in a petition. The USPTO conceded that it uses…more
| Administrative Law, Civil Procedure, Intellectual Property

B&B Hardware – District Courts Consider Impact on Both Trademark and Patent Litigation

In B&B Hardware v. Hargis Industries, the Supreme Court held that, under some circumstances, determinations by the USPTO Trademark Trial and Appeal Board could have preclusive effect in subsequent federal court litigation…more
| Administrative Law, Civil Procedure, Communications & Media Law, Intellectual Property

PTAB Panel Allows Joinder of Multiple IPR Proceedings Filed by Same Petitioner, Sharpens Disparity Between Panels Interpreting 35 U.S.C. § 315(c)

An expanded panel of the USPTO Patent Trial and Appeal Board (“PTAB” or “Board”) recently exercised its discretion under 35 U.S.C. § 315(c) to grant a motion to join an inter partes review proceeding with an already-initiated…more
| Administrative Law, Civil Procedure, Intellectual Property
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