Knobbe Martens Olson & Bear LLP

2040 Main Street 14th Floor
Irvine, CA 92614, United States

  • (949) 760-0404
  • (949) 760-9502

Patent Update for IT and Biotech Companies: New Pieces to the Patent Puzzle

In This Presentation: - PATENT ELIGIBLE SUBJECT MATTER: LIFE IN SOFTWARE/IT AFTER ALICE CORPORATION V. CLS BANK (AND OTHER RECENT 101 DECISIONS) - A Brief History with respect to Software and Biz Methods -…more

Biotechnology, CLS Bank v Alice Corp, Direct Infringement, Indefiniteness, Induced Infringement

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7 Intellectual Property Mistakes Startup Entrepreneurs Often Make

What’s the biggest mistake startup entrepreneurs make with respect to their intellectual property, and what can they do to fix it? That’s the question we recently put to IP attorneys writing on JD Supra, knowing that the…more

Business Formation, Copyright, First-to-File, Legal Perspectives, Patents

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IP News You Need to Know - November 2014

In This Presentation: - USPTO POST-GRANT PROCEEDINGS: LESSONS LEARNED AFTER 2 YEARS - Rationales for Denial of Petition - Rationales for Claims Surviving Final Decision - Considerations for Multi-Forum…more

Attorney's Fees, Brooks Furniture, Exceptional Case, Inter Partes Review Proceedings, Octane Fitness v. ICON

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Protecting and Enforcing your High Technology Intellectual Property

In This Presentation: - Software Patents Issues in the USPTO - Functional Claiming in Software Patents - Covered Business Method (CBM) Review - Will the Supreme Court kill all software patents this term? -…more

Covered Business Method Patents, Patent Applications, Patent Reform, Patents, Technology

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Class 5: How to use copyrights, trademarks, and trade secrets to your advantage

In This Presentation: •What is Intellectual Property? •Making use of: –Copyrights –Trademarks –Trade Secrets - Excerpt from What is Intellectual Property? Intellectual Property…more

Business Development, Copyright, Design Patent, Patents, Trade Dress

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Organovo Forms Partnership with University of Queensland to Print Human Kidney Tissue Organovo Forms Partnership with University of Queensland to Print Human Kidney Tissue

The government of Queensland, Australia recently announced a partnership between San Diego-based Organovo and UniQuest, the commercialization arm of the University of Queensland. According to Organovo’s website, the company…more

3-D Printing Technology, Australia, Biotechnology, Healthcare, Technology

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IP Strategies for Software Tech Companies

In This Presentation: - Key IP Concerns for Software Tech Companies - New Post-Grant Proceedings for Challenging Patents - Impact of Alice on Software Patents and the Importance of Building a Strong Patent…more

Patent Applications, Patents, Popular, Post-Grant Review, Software

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Copyright exhaustion in the US: what the Kirtsaeng and ReDigi decisions tell us about the future of the first sale doctrine and secondary markets for copyrighted goods

The concept of copyright ‘exhaustion’, or the ‘first sale’ doctrine, refers to the principle that once a copyright owner places a copyrighted item in the stream of commerce by selling it, they have exhausted their exclusive…more

Capitol Records, Copyright, Digital Goods, First Sale Doctrine, Grey Market

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IP Strategies for Software Tech Companies

In This Presentation: - Key IP Concerns for Software Tech Companies - New Post-Grant Proceedings for Challenging Patents - Impact of Alice on Software Patents and the Importance of Building a Strong Patent…more

Patent Applications, Patents, Popular, Post-Grant Review, Software

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Another reason to coordinate discovery in parallel litigation – circumvention in section 1782 requests

The pressures of global litigation have forced litigants to further consider how, when, and where they will obtain discovery. Under developing case law, litigants involved in related litigations in different venues should…more

Apple, Discovery, Discovery Rule, Evidence, Samsung

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Recent Developments in Patent Law for Medical Device Companies

In This Presentation: - Recent Patent Cases From The Supreme Court - Medical Device Patent Statistics and Cases - USPTO Post-Grant Proceedings: Lessons Learned After Two Years - Excerpt from Recent Cases…more

America Invents Act, CLS Bank v Alice Corp, DePuy, Exceptional Case, Medical Devices

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The Medical Device Tax in the Wake of 2014 Midterm Elections

Repeal of the medical device tax has seen frequent news coverage since the tax’s enactment in 2010 as part of the Affordable Care Act. The tax, which went into effect in January, 2013, imposes a 2.3% sales tax on a range of…more

Affordable Care Act, Election Results, Legislative Agendas, Medical Device Tax, Medical Devices

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Why is Intellectual Property Important?

In This Presentation: - Intellectual Property (IP): •Refers to a category of exclusive rights created by statute, including: –Copyrights –Trademarks –Trade Secrets –Utility Patents –Design…more

Copyright, Design Patent, Patents, Trade Dress, Trade Secrets

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FDA Publishes "Purple Book" for Biosimilars

FDA Publishes "Purple Book" to Catalog Biologics, Interchangeable and Biosimilar Products - The US Food and Drug Administration (“FDA”) recently published its first “Lists of Licensed Biological Products with Reference…more

Biosimilars, FDA, Pharmaceutical, Public Health Service Act

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FDA Publishes "Purple Book" for Biosimilars

FDA Publishes "Purple Book" to Catalog Biologics, Interchangeable and Biosimilar Products - The US Food and Drug Administration (“FDA”) recently published its first “Lists of Licensed Biological Products with Reference…more

Biosimilars, FDA, Pharmaceutical, Public Health Service Act

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Considerations for International Inventions – Foreign Filing Licenses

In today’s age of international commerce, product development often takes place on an international scale. Many companies have design centers in multiple countries, with design teams that span the globe. What are the patent…more

Foreign Subsidiaries, Inventions, Licensing Rules, Patents

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FDA Science Chief Reports Quicker Medical Device Clinical Trial Approvals

In a speech in Cambridge on December 11, 2014 (which was reported on in an article in the Boston Business Journal), Dr. Bill Maisel- the science chief of the U.S. Food and Drug Administration’s center to oversee approval of…more

Clinical Trials, FDA, Medical Devices

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FDA Posts Largest-Ever Medical Device Recall

On August 29, 2014, the FDA issued 233 Class I medical device recalls for products manufactured by Customed. According to its website, Puerto Rico-based Customed is a medical supplies leader and distributes a wide range of…more

FDA, Medical Devices, Product Recalls

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Biosimilars Webinar - July 23, 2013

On Tuesday, July 23, Knobbe Martens hosted a live webinar event covering "Preparing for Biosimilars: Key Points for Participating in the U.S. Regulatory Framework." Partners Eli Loots, Carol Pitzel Cruz, and Sheila Swaroop…more

Affordable Care Act, America Invents Act, Biosimilars, BPCIA, Ex Partes Reexamination

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Medtronic Files for Inter Partes Review of Endotach Intravascular Stent Patent

On April 25, 2014, Medtronic, Inc. and Medtronic Vascular, Inc. (“Medtronic”) filed a second petition (the ’695 Petition) with the Patent Trial and Appeal Board requesting inter partes review of U.S. Patent No. 5,593,417 (“the…more

Endotach, Inter Partes Review Proceedings, Joinder, Medical Devices, Medtronic

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7 Intellectual Property Mistakes Startup Entrepreneurs Often Make

What’s the biggest mistake startup entrepreneurs make with respect to their intellectual property, and what can they do to fix it? That’s the question we recently put to IP attorneys writing on JD Supra, knowing that the…more

Business Formation, Copyright, First-to-File, Legal Perspectives, Patents

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Bonutti Skeletal Innovations Sues Globus Medical

Bonutti Skeletal Innovations, LLC brought a patent infringement suit against Globus Medical, Inc. in the Eastern District of Pennsylvania on November 19, 2014. The lawsuit alleges that several of Globus Medical’s spinal spacer…more

Medical Devices, Patent Infringement, Patent Litigation, Patents

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Essential Medical, Inc. Successfully Completes First in Man Studies for MANTA Large Bore Vascular Closure Device

Essential Medical, Inc., a privately held medical device company aiming to create and commercialize new vascular closure devices for femoral punctures after cardiac catheterization procedures, announced that it has successfully…more

Essential Medical, Medical Devices

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Medical Device Update

In This Presentation: • Medical device patent statistics • Non-practicing entity (NPE) litigation • Inter partes reexam (IPR) update • Important litigation – Edwards v. Medtronic – Masimo v. Philips –…more

Inter Partes Review Proceedings, Medical Devices, Non-Practicing Entities, Patent Infringement, Patent Litigation

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Recent Developments in Patent Law for Medical Device Companies

In This Presentation: - Recent Patent Cases From The Supreme Court - Medical Device Patent Statistics and Cases - USPTO Post-Grant Proceedings: Lessons Learned After Two Years - Excerpt from Recent Cases…more

America Invents Act, CLS Bank v Alice Corp, DePuy, Exceptional Case, Medical Devices

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Five Patenting Lessons Exemplified by Google’s Glucose-Sensing Contact Lenses

Google recently announced on its blog that its “Google-X” laboratory is testing a prototype “smart” contact lens that includes a miniaturized electronic sensor designed to measure glucose level in the wearer’stears. I thought…more

First-to-File, Foreign Patent Applications, Google, Google Glass, Innovation

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Why is Intellectual Property Important?

In This Presentation: - Intellectual Property (IP): •Refers to a category of exclusive rights created by statute, including: –Copyrights –Trademarks –Trade Secrets –Utility Patents –Design…more

Copyright, Design Patent, Patents, Trade Dress, Trade Secrets

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Navigating the Patent Minefield

In This Presentation: • Patent infringement suits – Costly – Risk of preliminary injunction – Time consuming – Risk of customers being sued – Damages • Lost profit or reasonable royalty • Treble…more

Injunctions, Patent Infringement, Patent Litigation, Patents, USPTO

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Gunn v. Minton: The Supreme Court's Correction of the Federal Circuit's Overly Broad Assertion of Jurisdiction Over State-Law Claims

For nearly two decades, the Federal Circuit has applied a lenient standard for federal jurisdiction that routinely sweeps state law claims into the exclusive jurisdiction of the federal courts merely because the claims require…more

Attorney Malpractice, Certiorari, Gunn v Minton, Jurisdiction, Patents

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Supreme Court Update: Four Important Decisions for IP

In the recent cases OCTANE FITNESS, LLC v. ICON HEALTH & FITNESS, INC. and HIGHMARK INC. v. ALLCARE HEALTH MANAGEMENT SYSTEM, INC., the U.S. Supreme Court empowered district court judges to award attorney fees to prevailing…more

Akamai Technologies, Attorney's Fees, Exceptional Case, Fee-Shifting Statutes, Highmark v. Allcare

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Appealing Medical Device Patent Cases

Medical device patent infringement cases, like all patent infringement cases, must be appealed to the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. People often refer to this Court as the “Federal Circuit.” …more

Appeals, Medical Devices, Patent Infringement, Patent Litigation, Patents

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Medical Device Update

In This Presentation: • Medical device patent statistics • Non-practicing entity (NPE) litigation • Inter partes reexam (IPR) update • Important litigation – Edwards v. Medtronic – Masimo v. Philips –…more

Inter Partes Review Proceedings, Medical Devices, Non-Practicing Entities, Patent Infringement, Patent Litigation

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Supreme Court Decision POM Wonderful LLC v. Coca-Cola Co: What You Need to Know

Why It’s Important: Yesterday’s ruling indicates that the reach of the Lanham Act regarding false and misleading advertising extends beyond the FDCA labeling requirements in protecting companies from having their customers…more

Advertising, Coca Cola, FDA, FDCA, Food Labeling

See All Updates »

Protecting and Enforcing your High Technology Intellectual Property

In This Presentation: - Software Patents Issues in the USPTO - Functional Claiming in Software Patents - Covered Business Method (CBM) Review - Will the Supreme Court kill all software patents this term? -…more

Covered Business Method Patents, Patent Applications, Patent Reform, Patents, Technology

See All Updates »

Patent Update for IT and Biotech Companies: New Pieces to the Patent Puzzle

In This Presentation: - PATENT ELIGIBLE SUBJECT MATTER: LIFE IN SOFTWARE/IT AFTER ALICE CORPORATION V. CLS BANK (AND OTHER RECENT 101 DECISIONS) - A Brief History with respect to Software and Biz Methods -…more

Biotechnology, CLS Bank v Alice Corp, Direct Infringement, Indefiniteness, Induced Infringement

See All Updates »

FDA Publishes "Purple Book" for Biosimilars

FDA Publishes "Purple Book" to Catalog Biologics, Interchangeable and Biosimilar Products - The US Food and Drug Administration (“FDA”) recently published its first “Lists of Licensed Biological Products with Reference…more

Biosimilars, FDA, Pharmaceutical, Public Health Service Act

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Federal Circuit Finds Antares’ Patent Claims Invalid for Failure to Satisfy the “Original Patent” Requirement Federal Circuit Finds Antares’ Patent Claims Invalid for Failure to Satisfy the “Original Patent” Requirement

The United States Court of Appeals for the Federal Circuit affirmed a lower court’s denial of Antares Pharma, Inc.’s (“Antares”) motion for a preliminary injunction seeking to enjoin Medac Pharma, Inc. and Medac GMBH…more

Appeals, Patent Infringement, Patents, Pharmaceutical Patents

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7 Intellectual Property Mistakes Startup Entrepreneurs Often Make

What’s the biggest mistake startup entrepreneurs make with respect to their intellectual property, and what can they do to fix it? That’s the question we recently put to IP attorneys writing on JD Supra, knowing that the…more

Business Formation, Copyright, First-to-File, Legal Perspectives, Patents

See All Updates »

Tacking isn't tacky - narrow doctrine saves defendant

In Hana Financial v Hana Bank (Case No 11-56678), the US Court of Appeals for the Ninth Circuit has affirmed the district court’s decision denying Hana Financial Inc’s motion for judgment as a matter of law. The Ninth Circuit…more

Banks, Foreign Banks, Infringement, Trademarks

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Considerations for International Inventions – Foreign Filing Licenses

In today’s age of international commerce, product development often takes place on an international scale. Many companies have design centers in multiple countries, with design teams that span the globe. What are the patent…more

Foreign Subsidiaries, Inventions, Licensing Rules, Patents

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Vascular Solutions Indicted

The Star Tribune reports that a federal grand jury indicted Howard Root, CEO of Vascular Solutions, Inc. (VSI), on one felony count of conspiracy and eight misdemeanor charges of selling unapproved and adulterated medical…more

Criminal Conspiracy, DOJ, Indictments, Medical Devices, Off-Label Promotion

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Design Patents Update

In This Presentation: - Part I: Design Patent Overview ...Apple v. Samsung ...What is a Design Patent? ...Differences Between Utility and Design Patents ...Ins and Outs of the Specification ...Benefits &…more

Apple v Samsung, Attorney's Fees, Design Patent, Patent Infringement, Patent Litigation

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Why We Need Our Patent System: Masimo, Orange County’s Shining Example

Did you ever wonder how people can call for the end of our patent system? The answer is simple. They have no experience with great inspiring inventors. We at Knobbe Martens have the honor of frequently working with great…more

Inventors, Masimo Corp, Medical Devices, Patent Litigation, Patents

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Target prevents registration of mark with three-ring design

In Target Brands Inc v Artificer Life Corp (Opposition Nos 91206421 and 91206422), the Trademark Trial and Appeal Board (TTAB) has upheld Target Brands Inc’s opposition against the registration of a trademark containing a…more

Target, Trademark Litigation, Trademark Trial and Appeal Board, Trademarks

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Aereo - A Reboot Opportunity For Broadcasters?

Yesterday the Supreme Court issued the Aereo opinion and decided that, given its activities, Aereo is substantially similar to a cable television provider and therefore “perform[s] petitioners’ copyrighted works ‘publicly,’ as…more

ABC, ABC v Aereo, Aereo, Broadcasting, Cable Television Providers

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Three New Tools to Challenge Patents

Among the most significant changes made by the America Invents Act (AIA) are the provisions that permit a business to challenge a patent at the U.S. Patent and Trademark Office in litigation-type proceedings, but at a lower cost…more

America Invents Act, Covered Business Method Patents, Covered Business Method Proceedings, Inter Partes Review Proceedings, Patent Litigation

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Stryker Sues Zimmer For Patent Infringement

Stryker Corp. and Stryker Sales Corp. sued Zimmer, Inc. and Zimmer Surgical, Inc. in the Western District of Michigan on November 21, 2014. In its complaint, Stryker alleges that Zimmer’s “TotalShield Surgical Helmet System“…more

Medical Devices, Patent Infringement, Patent Litigation, Patents

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Tacking isn't tacky - narrow doctrine saves defendant

In Hana Financial v Hana Bank (Case No 11-56678), the US Court of Appeals for the Ninth Circuit has affirmed the district court’s decision denying Hana Financial Inc’s motion for judgment as a matter of law. The Ninth Circuit…more

Banks, Foreign Banks, Infringement, Trademarks

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PTAB Guides Patent Owners on Motions to Amend

The Board recently added an order in Corning Optical Communications RF, LLC v. PPC Broadband, Inc., IPR2014-00441, to its list of Representative Decisions on Motion to Amend on the Board’s web site. The decision outlines in…more

Inter Partes Review Proceedings, Motion to Amend, Patent Trial and Appeal Board, Patents

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California Healthcare Institute Releases 2015 California Biomedical Industry Report

The California Healthcare Institute and PricewaterhouseCoopers, LLP have released their 2015 California Biomedical Industry Report describing industry trends through 2014. The CHI report highlights the continued strength of the…more

Biotechnology, Healthcare, Information Reports, IPO, Popular

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FDA Publishes "Purple Book" for Biosimilars

FDA Publishes "Purple Book" to Catalog Biologics, Interchangeable and Biosimilar Products - The US Food and Drug Administration (“FDA”) recently published its first “Lists of Licensed Biological Products with Reference…more

Biosimilars, FDA, Pharmaceutical, Public Health Service Act

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PTAB Grants Additional Discovery in Covered Business Method

The AIA provides an opportunity for limited discovery in the new Inter Partes Review (IPR), Post Grant Review (PGR), and Covered Business Methods (CBM) proceedings. The USPTO has set a “good cause” standard for additional…more

Covered Business Method Proceedings, Discovery, Documentation, Patents, Post-Grant Review

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Patent Update for IT and Biotech Companies: New Pieces to the Patent Puzzle

In This Presentation: - PATENT ELIGIBLE SUBJECT MATTER: LIFE IN SOFTWARE/IT AFTER ALICE CORPORATION V. CLS BANK (AND OTHER RECENT 101 DECISIONS) - A Brief History with respect to Software and Biz Methods -…more

Biotechnology, CLS Bank v Alice Corp, Direct Infringement, Indefiniteness, Induced Infringement

See All Updates »

Design Patents Update

In This Presentation: - Part I: Design Patent Overview ...Apple v. Samsung ...What is a Design Patent? ...Differences Between Utility and Design Patents ...Ins and Outs of the Specification ...Benefits &…more

Apple v Samsung, Attorney's Fees, Design Patent, Patent Infringement, Patent Litigation

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Design Patents Update

In This Presentation: - Part I: Design Patent Overview ...Apple v. Samsung ...What is a Design Patent? ...Differences Between Utility and Design Patents ...Ins and Outs of the Specification ...Benefits &…more

Apple v Samsung, Attorney's Fees, Design Patent, Patent Infringement, Patent Litigation

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Legal Perspective on Negative Online Reviews: What Both Sides Should Consider Before Jumping Into the Fray

We recently asked: for customers and businesses alike, what should we know about libel and defamation (and the legal pitfalls of online rants in general) before we post negative comments online? Here’s what we heard back…more

Anti-SLAPP, Defamation, Legal Perspectives, Libel, Online Reviews

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Medical Device Update

In This Presentation: • Medical device patent statistics • Non-practicing entity (NPE) litigation • Inter partes reexam (IPR) update • Important litigation – Edwards v. Medtronic – Masimo v. Philips –…more

Inter Partes Review Proceedings, Medical Devices, Non-Practicing Entities, Patent Infringement, Patent Litigation

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Evaluating Freedom to Operate | Endovascular Today

The third step in bringing your medical device to market is to understand whether you can practice your invention. This article is part three of a series that will present the three big issues in IP: Do you own it? Can…more

Manufacturers, Medical Devices

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Nokia Sensing XCHALLENGE Announces its Competition #2 Winners

The Nokia Sensing XCHALLENGE has announced its Q3 2014 Winners. According to XPRIZE, a non-profit organization that manages public competitions to advance technological development, the Nokia Sensing XCHALLENGE was offered to…more

Medical Devices, Nokia, Technology

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US and EU Regulatory Agencies Approve $43B Medtronic & Covidien Merger US and EU Regulatory Agencies Approve $43B Medtronic & Covidien Merger

Med Device Online reports that Medtronic has been cleared by the Federal Trade Commission (“FTC”) and EU’s European Commission to merge with Covidien. Also according to Med Device Online, the companies had to agree that…more

Covidien, European Commission, FTC, Manufacturers, Medical Devices

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Supreme Court Decision POM Wonderful LLC v. Coca-Cola Co: What You Need to Know

Why It’s Important: Yesterday’s ruling indicates that the reach of the Lanham Act regarding false and misleading advertising extends beyond the FDCA labeling requirements in protecting companies from having their customers…more

Advertising, Coca Cola, FDA, FDCA, Food Labeling

See All Updates »

FDA Publishes "Purple Book" for Biosimilars

FDA Publishes "Purple Book" to Catalog Biologics, Interchangeable and Biosimilar Products - The US Food and Drug Administration (“FDA”) recently published its first “Lists of Licensed Biological Products with Reference…more

Biosimilars, FDA, Pharmaceutical, Public Health Service Act

See All Updates »

Three New Tools to Challenge Patents

Among the most significant changes made by the America Invents Act (AIA) are the provisions that permit a business to challenge a patent at the U.S. Patent and Trademark Office in litigation-type proceedings, but at a lower cost…more

America Invents Act, Covered Business Method Patents, Covered Business Method Proceedings, Inter Partes Review Proceedings, Patent Litigation

See All Updates »

Areas of Practice
  • Intellectual Property
  • Litigation
Locations
Other U.S. Locations
  • California
  • D.C.
  • Washington
Number of Attorneys

100+ Attorneys

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