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MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 1 (Winter 2014)

In This Issue: Experience with the USPTO’s First Action Interview Program; “Patent Trolls” Beware – Congress Tackles Vexatious Patent Litigation; Evolving Data Protection Regimes in the Asia-Pacific Arena and Their Impact…more

Asia, Copyright Infringement, Cross-Border Transactions, Music Industry, Patent Litigation

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MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 4 (Fall 2013)

In This Issue: The Blurred Lines of What Constitutes Copyright Infringement of Music: Robin Thicke v. Marvin Gaye’s Estate; Terminology in a Computer Readable Medium Claim —“Physical,” “Tangible,” or “Storage”— Can Pose…more

Copyright, Copyright Infringement, Inter Partes Reexamination, Inter Partes Review Proceedings, Music

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AMP v. Myriad: A Bad Day At Black Rock

Last week, The Supremes once again stepped into an area of science/law where their limited knowledge of both fields will create more harm than good. The Supremes' say that the problem with isolated and purified DNA is that it…more

AMP v Myriad, DNA, Human Genes, Myriad, Patent-Eligible Subject Matter

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Supreme Court Issues Decision in Alice Corp. v. CLS Bank

There's an old saying that “bad facts make bad law,” acknowledging that a court's decisions regarding extreme cases can result in law poorly adapted to less extreme cases. The Supreme Court's recent trio of 35 U.S.C. § 101…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Kappos, Mayo v. Prometheus

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Patent Profile: VM Institute of Research Receives Patent for Method of Treating Triple Negative Breast Cancer

The U.S. Patent and Trademark Office recently issued U.S. Patent No. 8,642,270, which is entitled "Prognostic biomarkers to predict overall survival and metastatic disease in patients with triple negative breast cancer." The…more

Cancer, Life Sciences, Patent Litigation, Patents, Treatment Method Patents

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MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 2 (Spring 2014)

In This Issue: - “Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us - USPTO Guidance Takes an Expansive View of Patent-Ineligible Subject Matter - Functional Claim…more

Data Protection, Non-Practicing Entities, Patent Exhaustion, Patent Litigation, Patent Reform

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MBHB Snippets: Review of Developments in Intellectual Property Law - Winter 2013 - Volume 11, Issue 1: If I Prioritize Examination of My Application, Should the Patent Office?

Applications under the US Patent and Trademark Office’s (USPTO) prioritized examination program are given “special status” and examined out-of-turn until a final disposition is reached. This program has considerably reduced…more

America Invents Act, Patent Applications, Patent Reform, Patents, Prioritized Examination

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MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 2 (Spring 2014)

In This Issue: - “Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us - USPTO Guidance Takes an Expansive View of Patent-Ineligible Subject Matter - Functional Claim…more

Data Protection, Non-Practicing Entities, Patent Exhaustion, Patent Litigation, Patent Reform

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The Standard for Joint and Induced Infringement in Light of Limelight Networks, Inc. v. Akamai Technologies, Inc.

In the U.S. Supreme Court’s decision today in Limelight Networks, Inc. v. Akamai Technologies, Inc., the Supreme Court reversed the Federal Circuit's en banc holding that a defendant need not perform all of the steps of a claim…more

Akamai Technologies, Induced Infringement, Limelight, Limelight Networks, Patent Infringement

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The Analysis for Design Patent Infringement Post-Egyptian Goddess

In the seminal decision of Egyptian Goddess, Inc. v. Swisa, Inc., the Federal Circuit struck down one of the two tests commonly used for determining design patent infringement, the “point of novelty” test. Despite rejecting this…more

Design Patent, Patent Infringement, Patent Litigation, Patents

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MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 2 (Spring 2014)

In This Issue: - “Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us - USPTO Guidance Takes an Expansive View of Patent-Ineligible Subject Matter - Functional Claim…more

Data Protection, Non-Practicing Entities, Patent Exhaustion, Patent Litigation, Patent Reform

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MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 2 (Spring 2014)

In This Issue: - “Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us - USPTO Guidance Takes an Expansive View of Patent-Ineligible Subject Matter - Functional Claim…more

Data Protection, Non-Practicing Entities, Patent Exhaustion, Patent Litigation, Patent Reform

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H-W Technology, L.C. v. Overstock.com, Inc. (Fed. Cir. 2014)

Proofread your claims before you sue! - Even obvious clerical errors in patent claims can doom your lawsuit if not corrected before suit is filed. This was evident in H-W Technology, L.C. v. Overstock.com, Inc., issued…more

Overstock.com, Patent Infringement, Patent Litigation, Patents, USPTO

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Capitol Records, LLC v. Pandora Media, Inc.: Future of Digital Music May Depend on State Copyright Protection of Pre-1972 Sound Recordings

Pandora Media, Inc., (“Pandora”), with over 250 million registered users and over 70% of the market share of Internet radio, is known as a leader in the digital music industry. In 2013 alone, Pandora streamed 16.7 billion hours…more

Capitol Records, Copyright, DMCA, Internet Streaming, Music Industry

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MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 2 (Spring 2014)

In This Issue: - “Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us - USPTO Guidance Takes an Expansive View of Patent-Ineligible Subject Matter - Functional Claim…more

Data Protection, Non-Practicing Entities, Patent Exhaustion, Patent Litigation, Patent Reform

See All Updates »

MBHB Snippets: Review of Developments in Intellectual Property Law - Winter 2013 - Volume 11, Issue 1: If I Prioritize Examination of My Application, Should the Patent Office?

Applications under the US Patent and Trademark Office’s (USPTO) prioritized examination program are given “special status” and examined out-of-turn until a final disposition is reached. This program has considerably reduced…more

America Invents Act, Patent Applications, Patent Reform, Patents, Prioritized Examination

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MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Implementing the New Micro Entity Status at the U.S. Patent Office

As part of new rules introduced by the Leahy-Smith America Invents Act (AIA), a new section that defines a “micro entity” was added to Title 35 of the United States Code. As a subset of small entity status, micro entity status…more

America Invents Act, Business Gross Income Limitation, Fees, Micro Entity Status, Patent Applications

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MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 2 (Spring 2014)

In This Issue: - “Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us - USPTO Guidance Takes an Expansive View of Patent-Ineligible Subject Matter - Functional Claim…more

Data Protection, Non-Practicing Entities, Patent Exhaustion, Patent Litigation, Patent Reform

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The Status of Patent Laches after Petrella v. MGM

Today in Petrella v. Metro-Goldwyn-Mayer, Inc. (case number 12-1315), the U.S. Supreme Court ruled that the doctrine of laches could not be invoked to bar a copyright claim that was brought within the statutorily allowed…more

Copyright, Copyright Infringement, Laches, Lanham Act, Petrella v. MGM

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MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 2 (Spring 2014)

In This Issue: - “Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us - USPTO Guidance Takes an Expansive View of Patent-Ineligible Subject Matter - Functional Claim…more

Data Protection, Non-Practicing Entities, Patent Exhaustion, Patent Litigation, Patent Reform

See All Updates »

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 1 (Winter 2014)

In This Issue: Experience with the USPTO’s First Action Interview Program; “Patent Trolls” Beware – Congress Tackles Vexatious Patent Litigation; Evolving Data Protection Regimes in the Asia-Pacific Arena and Their Impact…more

Asia, Copyright Infringement, Cross-Border Transactions, Music Industry, Patent Litigation

See All Updates »

Case Brief: Federal Trade Commission v. Watson Pharmaceuticals

[Ed. The Supreme Court heard oral argument today in Federal Trade Commission v. Watson Pharmaceuticals. While Patent Docs will provide analysis regarding the oral argument in a subsequent post, we provide the following analysis…more

ANDA, FDA, FDCA, FTC, Generic Drugs

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MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 1 (Winter 2014)

In This Issue: Experience with the USPTO’s First Action Interview Program; “Patent Trolls” Beware – Congress Tackles Vexatious Patent Litigation; Evolving Data Protection Regimes in the Asia-Pacific Arena and Their Impact…more

Asia, Copyright Infringement, Cross-Border Transactions, Music Industry, Patent Litigation

See All Updates »

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 3 (Summer 2013)

In This Issue: Not Just a Flook? Consideration of Prior Art When Evaluating Subject Matter Eligibility; The USPTO Adopts New Rules of Professional Conduct; and Trademark Functionality in the Beverage…more

Aesthetic Functionality, Code of Conduct, Legal Ethics, Patent-Eligible Subject Matter, Prior Art

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Supreme Court Issues Decision in Alice Corp. v. CLS Bank

There's an old saying that “bad facts make bad law,” acknowledging that a court's decisions regarding extreme cases can result in law poorly adapted to less extreme cases. The Supreme Court's recent trio of 35 U.S.C. § 101…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Kappos, Mayo v. Prometheus

See All Updates »

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 4 (Fall 2013)

In This Issue: The Blurred Lines of What Constitutes Copyright Infringement of Music: Robin Thicke v. Marvin Gaye’s Estate; Terminology in a Computer Readable Medium Claim —“Physical,” “Tangible,” or “Storage”— Can Pose…more

Copyright, Copyright Infringement, Inter Partes Reexamination, Inter Partes Review Proceedings, Music

See All Updates »

Court Report - August 2014 #4

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Aptalis Pharmatech Inc. et al. v. Apotex Inc. et al. 1:14-cv-01038; filed August 11, 2014 in the District Court of…more

ANDA, Biotechnology, Merck, Patent Infringement, Patent Litigation

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Capitol Records, LLC v. Pandora Media, Inc.: Future of Digital Music May Depend on State Copyright Protection of Pre-1972 Sound Recordings

Pandora Media, Inc., (“Pandora”), with over 250 million registered users and over 70% of the market share of Internet radio, is known as a leader in the digital music industry. In 2013 alone, Pandora streamed 16.7 billion hours…more

Capitol Records, Copyright, DMCA, Internet Streaming, Music Industry

See All Updates »

The Analysis for Design Patent Infringement Post-Egyptian Goddess

In the seminal decision of Egyptian Goddess, Inc. v. Swisa, Inc., the Federal Circuit struck down one of the two tests commonly used for determining design patent infringement, the “point of novelty” test. Despite rejecting this…more

Design Patent, Patent Infringement, Patent Litigation, Patents

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MBHB Snippets: Review of Developments in Intellectual Property Law - Winter 2013 - Volume 11, Issue 1: InterDigital Communications v. ITC: (Some) Non-Practicing Entities are Welcome

On January 10, 2013, the Federal Circuit in InterDigital Communications v. ITC denied a combined petition for panel rehearing and for rehearing en banc, holding that InterDigital’s patent licensing alone met the domestic…more

Foreign Patent Holders, InterDigital Communications v ITC, ITC, Nokia, Non-Practicing Entities

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MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 2 (Spring 2014)

In This Issue: - “Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us - USPTO Guidance Takes an Expansive View of Patent-Ineligible Subject Matter - Functional Claim…more

Data Protection, Non-Practicing Entities, Patent Exhaustion, Patent Litigation, Patent Reform

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U.S. IP Coordinator Steps Down

The first United States Intellectual Enforcement Property Coordinator ("IPEC"), Victoria Espinel, has stepped down after four years in the position. During her tenure, Ms. Espinel worked to strengthen enforcement of…more

IPEC, Resignation, Trade Secrets

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MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Comments on New AIA Rules

On March 16, 2013, the final (and most significant) portion of the Leahy-Smith America Invents Act (AIA) took effect, and the United States broke from a first-to-invent regime to a first-inventor-to-file (FITF) regime. Of…more

America Invents Act, First-to-File, First-to-Invent, Patent Applications, Patent Reform

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MBHB Snippets: Review of Developments in Intellectual Property Law - Winter 2013 - Volume 11, Issue 1: Conducting Efficient Patent Litigation Discovery, Part 2

The costs associated with discovery, and particularly electronic document discovery, in patent litigation can be effectively controlled with upfront planning, preparation, and coordination between in­house and outside counsel…more

Discovery, Document Coding, Document Productions, Patents, Work Product Privilege

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Alice Corp. v. CLS Bank Int’l: General Purpose Computers Cannot Save Claims Directed to Abstract Ideas

In the U.S. Supreme Court’s decision today in Alice Corp. v. CLS Bank International, the Court affirmed the invalidity of Alice’s patents for computer implemented methods of reducing settlement risk. This case reached the high…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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Tyco Healthcare Group LP v. Mutual Pharmaceutical Co.

Can filing a lawsuit under the Hatch-Waxman scheme of 35 U.S.C. § 271(e)(2)(A) ever give rise to antitrust liability? The Federal Circuit last week indicated in the affirmative. That statute provides that..…more

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U.S. Supreme Court Rules That the Decision to Award Attorney Fees in Patent Cases Rests Squarely in the District Court’s Discretion

The Supreme Court, on April 29, 2014, unanimously ruled on two cases related to the Patent Act’s fee shifting provision under 35 U.S.C. § 285.1 In Octane Fitness LLC v. Icon Health & Fitness Inc. (case number 12-1184), the Court…more

Attorney's Fees, Brooks Furniture, Highmark v. Allcare, Octane Fitness v. ICON, Patent Infringement

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Examination of Myriad-Mayo Guidance Comments -- AUTM, COGR, AAU, and APLU

On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural Products"…more

AMP v Myriad, Mayo v. Prometheus, Patent Infringement, Patent Litigation, Patents

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Areas of Practice
  • Intellectual Property
  • Litigation
Locations
Other U.S. Locations
  • California
  • North Carolina
Number of Attorneys

50-100 Attorneys

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