Knobbe Martens Olson & Bear LLP

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

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  • (949) 760-9502

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
| Intellectual Property, International Law & Trade, Science, Computers, & Technology

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
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

PTAB Exercises Discretion When Rejecting Follow-On Petition Filed More Than One Year After Service of the Complaint with Unsuccessful Motion for Joinder

The AIA sets a one-year deadline to file a petition for IPR of a patent from the date a complaint for patent infringement is served. 35 U.S.C. § 315(b). There is an exception: the bar does not apply when joining a second…more
| Civil Procedure, Intellectual Property

PTAB Denies Petition for Inter Partes Review When Ongoing Proceedings Raise Substantially Similar Arguments

In July 2013, Cardiocom filed a petition for IPR of a patent. Petitioner Medtronic then acquired Cardiocom. In January 2014, the Board decided to move forward on eight claims and declared trial on two obviousness grounds, each…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

PTAB Denies Follow-On Petition for Inter Partes Review Including Prior Art and Arguments Raised in Earlier Petition by Same Petitioner

Petitioner Unilever filed an earlier petition for IPR of 33 claims of a patent. In the Decision on Institution, the Board denied review of 11 claims and granted review of the rest. Unilever then filed a second petition for…more
| Civil Procedure, Intellectual Property

PTAB Declines to Institute Follow-On Petition for Inter Partes Review Based on "New" Reference

In January 2013, Petitioner IBS filed a petition for IPR. Five months later, IBS filed a second petition for IPR on the same patent claims. The follow-on petition relied on art from the first petition and other prior art,…more
| Civil Procedure, Intellectual Property

PTAB Denies Petition for Inter Partes Review Remedying "Noted Deficiency" in Previously Denied Petition

Petitioner Metronic had previously filed two other petitions for IPR of a patent. The Board instituted trial on one of the petitions and denied the other. Medtronic then filed a third petition for IPR of the patent that…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

PTAB Denies Follow-On Petition for Inter Partes Review Including Prior Art and Arguments Raised in Earlier Petitions by Different Petitioners

Petitioner Unified filed a petition for IPR of 11 claims of a patent. Unified acknowledged that the patent was already subject to three other petitions for IPR and that the Board had instituted trial on two of those three…more
| Civil Procedure, Intellectual Property

PTAB Declines to Revisit Written Description and Prior Art Issues Considered During Prosecution in IPR

In this inter partes review proceeding, the challenged patent, filed in July 2011, purported to be a continuation of a parent application filed in September 2009. Petitioner PRISM argued the challenged claims lacked written…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Trademark Review - La Quinta Hotels, Kia, and Fab Again (September 2014)

Co-Existence Outside of the U.S. Might be Relevant to Obtaining a Permanent Injunction in U.S. La Quinta has operated LA QUINTA hotels and motels in the United States since 1968. Quinta Real operates QUINTA REAL…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Intellectual Property, International Law & Trade

Federal Circuit Review - September 2014

Misrepresentation Regarding Prior Art Lead to Inequitable Conduct - In APOTEX INC. v. UCB, INC., Appeal No. 2013-1674, the Federal Circuit affirmed a judgment of inequitable conduct. Apotex sued UCB for patent…more
| Civil Procedure, Intellectual Property

Guidelines to Avoid False Advertising

When making an advertisement, what is okay? • Identifying a competitor’s product in the advertisement to make a true comparison • Making a true statement about your product or a competitor’s product that is based…more
| Communications & Media Law, Consumer Protection, Intellectual Property

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
| Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

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
| Health, Science, Computers, & Technology

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
| Administrative Law, Consumer Protection, Health, Products Liability
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100+ Attorneys

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