McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Preview -- TC Heartland LLC v. Kraft Foods Group Brands LLC

Next week, on Monday March 27, the Supreme Court will hear oral arguments in the TC Heartland LLC v. Kraft Foods Group Brands LLC case. This case involves the interpretation of the current patent venue statute. And while…more
| Civil Procedure, Intellectual Property

Bayer CropScience AG and Bayer S.A.S. v. Dow Agrosciences LLC (Fed. Cir. 2017)

Last week, in Bayer CropScience AG and Bayer S.A.S. v. Dow Agrosciences LLC, the Federal Circuit determined that the District Court for the District of Delaware did not abuse its discretion in determining that, under the…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 1

In 2011, the Leahy-Smith America Invents Act (“AIA”) established new post-issuance procedures for challenging the validity of a granted patent before the Patent Trials and Appeal Board (“PTAB” or “Board”). Inter partes reviews…more
| Civil Procedure, Intellectual Property

SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC (2017)

The U.S. Supreme Court overturned another Federal Circuit decision today (this one having been decided en banc by the appellate court), in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC. The outcome was not…more
| Civil Procedure, Intellectual Property

PTAB Life Sciences Report -- Part IV

About the PTAB Life Sciences Report: Each month we will report on developments at the PTAB involving life sciences patents. Smith & Nephew, Inc. v. ConforMIS, Inc. - PTAB Petition: IPR2017-00510; filed December 20,…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

SCOTUS: Supreme Court Strikes Down Patent Laches Defense in SCA Hygiene

As was widely expected from the Justices’ positions at oral arguments, a nearly unanimous Supreme Court today struck down the patent laches doctrine in SCA Hygiene Prods. Aktiebolag, v. First Quality Baby Prods., LLC, 580 U.S…more
| Civil Procedure, Intellectual Property

Narrowing Jurisdiction in Covered Business Method Proceedings

In 1998, the United States Court of Appeals for the Federal Circuit decided State Street Bank & Trust Co. v. Signature Financial Group, Inc., which upheld the patentability of business methods in the United States. Since then,…more
| Civil Procedure, Intellectual Property

Bayer CropScience AG v. Dow Agrosciences LLC (Fed. Cir. 2016)

Earlier this month, in Bayer CropScience AG v. Dow Agrosciences LLC, the Federal Circuit concluded that the District Court for the Eastern District of Virginia correctly confirmed an international arbitration tribunal's award of…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Patent Office Ethics Developments: Patent Agent Privilege and Duty of Disclosure

Seeking to end years of little clarity on two key ethical issues for practitioners, the Patent Office has proposed two new rules of practice. The first rule would allow parties to invoke privilege in inter partes proceedings to…more
| Civil Procedure, Intellectual Property

PTAB Life Sciences Report -- March 2017 Part III

About the PTAB Life Sciences Report: Each month we will report on developments at the PTAB involving life sciences patents…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Post-Grant Review Estoppel – Looking Forward by Looking Back at Estoppel in Inter-Partes and Covered-Business-Method Review

In 2011, the Leahy-Smith America Invents Act (“AIA”) established new post-issuance procedures for challenging the validity of a granted patent before the Patent Trials and Appeal Board (“PTAB” or “Board”). Inter partes reviews…more
| Civil Procedure, Intellectual Property

Judge Bryson Rules That Jury Need Not Be Apprised of Presumption of Validity Standard for Granted Claims

This is a time when the eternal verities are routinely called into question, particularly in patent law. For example, Judge Linn can state in a concurrence that, while there is no reason "in policy or statute" why the claims in…more
| Civil Procedure, Intellectual Property

What Trademark Owners Need to Know About the New Trademark Rules

Owners of U.S. trademark registrations need to know about a few recent rule changes and be mindful of the changes and U.S. Patent and Trademark Office requirements whenever a declaration of use is due…more
| Intellectual Property

PTAB Life Sciences Report -- Part II - March 2017

About the PTAB Life Sciences Report: Each month we will report on developments at the PTAB involving life sciences patents…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

USPTO News Briefs - March 2017

USPTO Enhances Transaction Security for Deposit Account Authorizations - The U.S. Patent and Trademark Office announced today, March 13, 2017, via a USPTO Alert e-mail that effective Wednesday, March 15, 2017, any charge to…more
| Intellectual Property, Science, Computers, & Technology
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