Schwegman Lundberg & Woessner, P.A.

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1600 TCF Tower,
121 South Eighth Street
Minneapolis, MN 55402, United States
Contact: Bryan Ness, Marketing Manager
Phone: (612) 373-6900
Areas of Practice
  • Intellectual Property
Locations
Other U.S. Locations
  • California
  • Minnesota
  • Texas
Number of Attorneys
100+ Attorneys

Just When You Thought Things Couldn’t Get Worse Via The Application Of 101

On Friday, in Cleveland Clinic Foundation v. True Health Diagnostics, Appeal no. 2016-1766 (Fed. Cir., June 16, 2017), a Fed. Cir. panels of Judges Lourie, Reyna and Wallach (Reyna writing) held that claims to a method of…more
 /  Intellectual Property, Science, Computers, & Technology

Exhausted by Exhaustion: Impression Products v. Lexmark

Please revisit Don Chisum’s and Janice Mueller’s comments on Impression Products v. Lexmark, No. 151189 (S. Ct. May 30, 2017), in which the Court held that a seller of a patented printer cartridge had exhausted its patent…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

USPTO Management Changes – Who’s on First?

After USPTO Director Michelle Lee resigned quite suddenly on Tuesday, rumors and speculation have been the only constant. Early speculators bet that Drew Hirschfeld, current Commissioner of Patents, would get the job. (He is…more
 /  Intellectual Property

“TC Heartland” Supreme Court Limits Venue in Patent Suits

Monday, in a unanimous opinion (Goresuch did not participate), the Supreme Court interpreted the patent venue statute (28 USC s. 1400(b)) to require that the phrase “where the defendant resides” be limited to the defendant’s…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

IPO, AIPLA and ABA IP Section Propose Legislative Fixes for Section 101

Between February and May of this year, IPO, AIPLA and the ABA IP Section have released proposals for amendments to 35 U.S.C. s. 101 to void the Mayo/Alice Rule and to clarify the definition of an “abstract idea” as it relates to…more
 /  Intellectual Property

Fed. Cir. in Helsinn v. Teva Declines Limiting the Requirements of the “On Sale” Bar

In Pfaff v. Wells Electronics, 525 US 55 (1988), the Supreme Court attempted to focus the factors invoking the on-sale bar of s.102, by holding that the claimed invention must both be the subject of a “commercial sale”…more
 /  Intellectual Property

Manhattan March for Science

The March for Science in Manhattan was smaller than the January 2017 Women’s March in Washington, but large enough that the “entry point” for us was changed from 62nd Street to 64th and then to 68th Street as we moved up…more
 /  Elections & Politics, Energy & Utilities, Environmental Law, Science, Computers, & Technology

Fairchild (Taiwan) Corp. v. Power Integrations, Inc.

In my last post, I discussed estoppel in the context in inter partes review, in which defendant filed for IPR after losing in the courts. The Board found the claims-in-suit to be obvious. The Federal Circuit affirmed that the…more
 /  Intellectual Property, Science, Computers, & Technology

Novartis AG, LTS et al. v. Noven Pharmaceuticals, Inc. – Prior Judicial Opinions Don’t Bind the PTAB

After Novartis’ patents were found nonobvious by the Fed. Cir., affirming the Delaware District Court, defendant Noven filed for inter partes review (IPR) of U.S. Pat. Nos. 6316023 and 6335031, on rivastigmine and an…more
 /  Intellectual Property, Science, Computers, & Technology

Is the Halo Broken Already?

Last week Docket Navigator delivered a troubling headline regarding a recent District Court decision – “Invalidity Opinion Delivered After Product Launch No Defense to Willful Infringement.” As a practitioner who regularly…more
 /  Intellectual Property, Science, Computers, & Technology

Shire’s Granted Motion to Amend Offers Additional Insight Into PTAB Amendment Practice

When a patent undergoes review at the Patent Trial and Appeal Board (“PTAB”), the Patent Owner has an opportunity to file a motion to amend claims so that a substitute claim can be proposed for each claim sought to be amended. …more
 /  Intellectual Property, Science, Computers, & Technology

ChanBond Avoids Institution of Six Cisco IPR Petitions

ChanBond sued several cable company defendants alleging patent infringement of three wideband signal distribution system patents in the District of Delaware in 2015. The defendants included Atlantic Broadband Group, Bright…more
 /  Intellectual Property, Science, Computers, & Technology

ABA-IPL Section Proposes Amendments to s. 101 – Too Much of a “Good Thing”?

The ABA-IPL Section sent proposed amendments to PTO Director Lee intended to lessen the burden on patent applicants encountering the Mayo/Alice Rules for patent-eligible subject matter. The proposed amendments list exceptions to…more
 /  Intellectual Property

Supreme Court Bars Laches Defense, Leaves Statute of Limitations in Patent Suits

One more Federal Circuit decisions bites the dust. Today, in SCA Hygiene Products AB v. First Quality Baby Products, LLC, the Supreme Court held that the equitable doctrine of laches (undue delay) cannot be invoked as a defense…more
 /  Intellectual Property, Science, Computers, & Technology

Michelle Lee Misses AUTM Talk

Although scheduled to be the honored guest at a “Fireside Chat” at the AUTM Annual Meeting Sunday evening, Ms. Lee was a no show. Suddenly the picture on the Program Board was Katherine Ku, head of Tech Transfer at Stanford…more
 /  Elections & Politics, Intellectual Property
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