Harness, Dickey & Pierce, PLC

Federal Circuit Weighs in on Propriety of New Evidence Adduced During IPR Trial

In Genzyme Therapeutics v. Biomarin Pharma., the Federal Circuit considered what sort of notice and opportunity to be heard in an IPR will satisfy the Administrative Procedure Act (“APA,” 5 U.S.C. § 554(b) & (c)). Genzyme owns…more
| Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology

Filing of Cancellation Prior to Registration’s Fifth Anniversary Allows Later Addition of Otherwise Time-Barred Non-use Claim

Ashland Licensing & Intellectual Property LLC (“Ashland”) petitioned on June 6, 2013, to cancel two registrations owned by Sunpoint International Group USA Corp. (“Sunpoint”). Following discovery, Ashland moved to amend to add a…more
| Civil Procedure, Communications & Media Law, Intellectual Property

A Combination of References Can be Obvious Even if it Requires a Bit of Work

In Allied Erecting v. Genesis Attachments, LLC, [2015-1533] (June 15, 2016), the Federal Circuit affirmed the PTAB’s decision in IPR2014-001006 that claims 1–21 of U.S. Patent No. 7,121,489, were obvious. Allied first…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

Board Not Limited to Prior Art in the Grounds, as Long as Patent Owner Had Notice

In Genzyme Therapeutic Products Limited v. Biomarin Pharmaceutical, Inc., [2015-1720, 2015-1721](June 14, 2016), the Federal Circuit affirmed the PTAB’s decisions in IPR2013-00534 and IPR2013-00537 that certain claims of U.S…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

Is the Inevitable Disclosure Doctrine Inevitable?

An important feature of the recently enacted Defense of Trade Secrets Act was that it left state trade secret law intact. This meant that states that had adopted the Inevitable Disclosure Doctrine could continue to apply it, and…more
| Civil Remedies, Intellectual Property, Labor & Employment Law

First PGR Final Written Decisions – Look a Lot Like IPR/CBM Decisions

Despite the overwhelming popularity of IPR proceedings since their inception, about three and a half years ago, Post Grant Review has, to date, been little used. There are probably valid reasons for this low popularity,…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

Software Can Make “Non-Abstract” Improvements To Computer Technology

On November 3, 2014, District Judge Pfaelzer entered summary judgment for Microsoft Corp. (“Microsoft”) in the Central District of California, and held that Enfish, LLC’s (“Enfish”) U.S. Patents 6,151,604 (“the ’604 Patent”) and…more
| Intellectual Property, Science, Computers, & Technology

Trademark applicant’s Twitter account not service mark use for social media services

Florists’ Transworld Delivery, Inc. (“Florists”) filed an application to register their SAY IT YOUR WAY trademark in Class 35 and in Class 42 for “[c]reating an on-line community for registered users to participate in…more
| Administrative Law, Communications & Media Law, Intellectual Property

The Board Cannot Adopt a Surprise Claim Construction

In SAS Institute, Inc. v. Complementsoft,LLC, [2015-1346, 2015-1347] (June 10, 2016), the Federal Circuit agree with the Board in an IPR involving U.S. Patent No. 7,110,936 on all of the challenged constructions resulting in…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

And That’s Final . . .

A second Office Action on the merits should be final, except where the examiner introduces a new ground of rejection that was not necessitated by either amendment or an information disclosure statement. This is in accord with…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

Patent Applicants: Anything You Say Can and Will Be Used Against You in a Court of Law

In Indacon, Inc. v, Facebook, Inc., [2015-1129] (June 6, 2016), the Federal Circuit affirmed the district court’s claim construction, leaving intact the parties stipulation of non-infringement based upon that…more
| Intellectual Property, Science, Computers, & Technology

Incorrect Position on Infringement is not a Defense to Inducement

In Warsaw Orthopedic, Inc. v. NuVasive, Inc., [2013-1576, 2013-1577] (June 3, 2016), on vacatur and remand from the Supreme Court (for further consideration in light of Commil) the Federal Circuit reaffirmed its the district…more
| Intellectual Property, Science, Computers, & Technology

Federal Circuit Skewers Trademark Applicant

In In re Cordua Restaurants, Inc., [2015-1432] (May 13, 2016), the Federal Circuit affirmed the refusal of registration of the stylized mark CHURRASCOS for restaurant services on the ground that term is generic. Applicant…more
| Communications & Media Law, Intellectual Property

Entitled to Narrow Claim Construction

In Ruckus Wireless, Inc. v. Innovative Wireless Solutions, LLC, [2015-1425, 2015-1438] (May 31, 2016), the Federal Circuit agreed that the claim term “communications path” did not include wireless communications paths, in part…more
| Intellectual Property, Science, Computers, & Technology

Canons of Claim Construction to the Rescue

In Ruckus Wireless, Inc. v. Innovative Wireless Solutions, LLC, [2015-1425, 2015-1438] (May 31, 2016), the Federal Circuit affirmed the district court’s claim construction and resulting judgment of non-infringement. At…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology
Showing 1-15 of 678 Results
|
View per page
Page: of 46
Contact

5445 Corporate Dr
Suite 200
Troy, MI 48098, United States

  • (248) 641-1600
  • (248) 641-0270

Areas of Practice
  • Appellate Practice
  • Intellectual Property
  • International Law & Trade
  • Litigation
  • Science, Computers, & Tech
Locations
Other U.S. Locations
  • Michigan
  • Missouri
  • Texas
  • Virginia
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×