The Consolidated Trial Practice Guide states that, “[t]o date, a substantial majority of patents have been challenged with a single petition.” Consolidated Trial Practice Guide (November 2019) at 59. However, “the Board…
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/ Intellectual Property, Law Practice Products & Services, Science, Computers, & Technology
On June 28, 2024, the United States Patent and Trademark Office (“USPTO”) requested the public’s views on the current state of the common law experimental use exception to patent infringement and whether legislative action…
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/ Intellectual Property, Science, Computers, & Technology
On September 9, the Federal Circuit reversed a Northern District of California decision that invalidated two video camera patents as being directed to patent-ineligible abstract ideas under 35 U.S.C. § 101. Contour IP Holding,…
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/ Intellectual Property, Science, Computers, & Technology
We have been monitoring the dispute between Edwards Lifesciences Corp. (“Edwards”) and Meril Life Sciences Pvt., Ltd. (“Meril”) before and after the initial Federal Circuit decision.
The dispute focused on whether Meril’s…
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/ Intellectual Property, Science, Computers, & Technology
The Hatch-Waxman Act regulates the relationship between branded and generic drugmakers and attempts to strike a balance between two competing policy interests — encouraging pioneering drug development and facilitating market…
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/ Intellectual Property, Science, Computers, & Technology
Our Texas Patent Litigation Monthly Wrap-Up for July 2024 covers three decisions of interest from the Eastern District of Texas granting motions related to subject matter eligibility, stays pending inter partes review (IPR), and…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
Universal Connectivity Tech. Inc. v. Dell Tech. Inc., 1-23-cv-01506 (W.D. Tex.), Dkt. No. 34, Report and Recommendation of Magistrate Judge Susan Hightower to Judge Pitman -
A magistrate judge recommended denying defendant…
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/ Intellectual Property, Science, Computers, & Technology
Director Review at the Patent Trial and Appeal Board (PTAB) remains a hot topic in patent law. The Director first established an interim process for Director Review in the wake of the Supreme Court’s 2021 decision in United…
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/ Administrative Law, Intellectual Property, Science, Computers, & Technology
On July 17, the USPTO published an update to the patent eligibility guidance and added three new examples to aid practitioners and examiners in determining whether a claimed invention is eligible subject matter under Section…
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/ Intellectual Property, Law Practice Products & Services, Science, Computers, & Technology
Navigating patent infringement claims requires a deep understanding of both the legal landscape and the specifics of the technology at stake, especially in the fast-evolving cybersecurity sector. Creative litigation strategies…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
Here, we look at the Defend Trade Secrets Act (DTSA)’s provision of injunctive relief. Specifically, the DTSA allows trade secret plaintiffs to request a unique remedy — an ex parte seizure of the defendant’s property…
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/ Civil Procedure, Civil Remedies, Intellectual Property
Major League Baseball (MLB) pitchers do not use brand new baseballs. They need a solid grip to prevent wild pitches, and out-of-the-box baseballs are too slick. So to prepare a baseball for game use, an equipment manager rubs it…
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/ Intellectual Property
The Texas Patent Litigation Monthly Wrap-Up for May 2024 covers three decisions addressing amendments to infringement contentions, stays while similar actions proceed, and personal jurisdiction over holding companies…
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/ Civil Procedure, Constitutional Law, Intellectual Property, Science, Computers, & Technology
Trademark owners often receive advice from counsel about registering their marks for core goods and services. And many times, that is all that budgets initially allow for…
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/ Intellectual Property
The Federal Circuit considered the relevance of an alleged infringer’s intent in a safe harbor analysis in Edwards Lifesciences Corp. v. Meril Life Scis. Pvt. The District Court had previously granted summary judgment that…
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/ Intellectual Property, Science, Computers, & Technology
