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Attorney	Latest Publications
Donald R. Banowit	The Interface Between District Court Litigation and Contested Office Proceedings under the AIA: Motions to Stay What is the standard for deciding a motion to stay in view of a contested office proceeding? Courts typically consider: (1) whether a stay will unduly prejudice or present a clear tactical disadvantage to the nonmoving…more	See All Updates »
Lori M. Brandes, Ph.D.	USPTO Announces Revisions to Patent Term Adjustment Rules On April 1, 2013, the U.S. Patent and Trademark Office (USPTO) published an interim final rule revising several patent term adjustment (PTA) provisions in view of the AIA Technical Corrections Act. 78 Fed. Reg. 19416. In…more Failure To Pay, Patent Applications, Patents, USPTO	See All Updates »
MIchele Cimbala	AIA Technical Corrections Bill Signed Into Law President Obama signed into law H.R. 6621 on January 14, 2013, enacting a number of technical corrections to the Leahy-Smith America Invents Act and title 35, United States Code. In addition to correcting a number of scrivener’s…more America Invents Act, Dead Zones, Declaration, Derivation Proceeding, First-to-File	See All Updates »
David K.S. Cornwell	Design Patent Case Digest: Victor Stanley, Inc. v. Creative Pipe, Inc. Decision Date: September 30, 2011 - Court: D. Maryland - Patents: D523,263 - Holding: Defendants liable for design patent infringement - Opinion: Plaintiff, Victor Stanley, Inc. sued Creative Pipe, Inc. for…more Attorney's Fees, Damages, Design Patent, Infringement, Ordinary Observer Test	See All Updates »
John Covert	Patent Filing Considerations Under the AIA on the Eve of March 16th March 16, 2013 is rapidly approaching. This date is significant because it is the effective date of Section 3 of the American Invents Act (AIA). Section 3 of AIA includes the first-inventor-to-file provisions (FITF). Most of…more America Invents Act, Effective Filing Date, Filing Deadlines, First-to-File, Patents	See All Updates »
Deborah Sterling, Ph. D.	America Invents Act: Inter Partes Review What is an inter partes review? An inter partes review (“IPR”) enables a third party to challenge one or more claims in an issued patent at the United States Patent & Trademark Office (“Office”). IPR was designed to…more America Invents Act, Burden of Proof, Infringement, Inter Partes Reexamination, Inter Partes Review Proceedings	See All Updates »
Eldora Ellison, Ph. D.	America Invents Act: Inter Partes Review What is an inter partes review? An inter partes review (“IPR”) enables a third party to challenge one or more claims in an issued patent at the United States Patent & Trademark Office (“Office”). IPR was designed to…more America Invents Act, Burden of Proof, Infringement, Inter Partes Reexamination, Inter Partes Review Proceedings	See All Updates »
Tracy-Gene G. Durkin	The Trademark Registration Process in The United States In the United States, trademark rights are “common law” in nature, meaning that some trademark rights are acquired simply by selling goods and services designated by a particular mark in the U.S. However, there are significant…more Registration, Trademarks, USPTO	See All Updates »
Robert W. Esmond, Ph.D.	The Patentability of Isolated DNA Will be Decided by the Supreme Court On November 30, 2012, the U.S. Supreme Court agreed to review the Federal Circuit decision in Association for Molecular Pathology v. Myriad Genetics, holding that isolated human genes are patent-eligible under 35 U.S.C. § 101…more DNA, Human Genes, Myriad, Patent-Eligible Subject Matter, Patents	See All Updates »
Jeremiah Frueauf	AIA Technical Corrections Bill Signed Into Law President Obama signed into law H.R. 6621 on January 14, 2013, enacting a number of technical corrections to the Leahy-Smith America Invents Act and title 35, United States Code. In addition to correcting a number of scrivener’s…more America Invents Act, Dead Zones, Declaration, Derivation Proceeding, First-to-File	See All Updates »
Jorge Goldstein, Ph.D.	In Oral Arguments during Bowman v. Monsanto the Supreme Court Struggles with Exhaustion Doctrine for Patented Seeds On February 19, 2013, the United States Supreme Court heard oral arguments in Vernon Hugh Bowman v. Monsanto Company. This case has far-reaching implications for the patent exhaustion or first sale doctrine in self-replicating…more Bowman v Monsanto, First Sale Doctrine, Genetically Engineered Seed, Infringement, Patent Exhaustion	See All Updates »
Lori Gordon	America Invents Act: Best Mode Removed as a Defense On September 16, 2011, the America Invents Act (AIA) ushered in major changes to the U.S. patent system, including changes to available defenses for patent infringement. One provision that took place immediately on enactment…more America Invents Act, Infringement, Patents	See All Updates »
Richard Hadorn	Pending Petition for CBM Review Results in Litigation Stay The stay provisions of America Invents Act § 18(b) related to covered business method patent review1 (“CBM review”) were recently applied in Market-Alerts Pty. Ltd. v. Bloomberg Fin. L.P. et al., C.A. No. 12-780-GMS (D. Del.)…more America Invents Act, Burden of Litigation, Covered Business Method Patents, Infringement, Judicial Review	See All Updates »
J.T. Haran	Patent Filing Considerations Under the AIA on the Eve of March 16th March 16, 2013 is rapidly approaching. This date is significant because it is the effective date of Section 3 of the American Invents Act (AIA). Section 3 of AIA includes the first-inventor-to-file provisions (FITF). Most of…more America Invents Act, Effective Filing Date, Filing Deadlines, First-to-File, Patents	See All Updates »
Michelle Holoubek	Pending Petition for CBM Review Results in Litigation Stay The stay provisions of America Invents Act § 18(b) related to covered business method patent review1 (“CBM review”) were recently applied in Market-Alerts Pty. Ltd. v. Bloomberg Fin. L.P. et al., C.A. No. 12-780-GMS (D. Del.)…more America Invents Act, Burden of Litigation, Covered Business Method Patents, Infringement, Judicial Review	See All Updates »
Judith Kim	In Oral Arguments during Bowman v. Monsanto the Supreme Court Struggles with Exhaustion Doctrine for Patented Seeds On February 19, 2013, the United States Supreme Court heard oral arguments in Vernon Hugh Bowman v. Monsanto Company. This case has far-reaching implications for the patent exhaustion or first sale doctrine in self-replicating…more Bowman v Monsanto, First Sale Doctrine, Genetically Engineered Seed, Infringement, Patent Exhaustion	See All Updates »
Eric K. Steffe	USPTO Announces Revisions to Patent Term Adjustment Rules On April 1, 2013, the U.S. Patent and Trademark Office (USPTO) published an interim final rule revising several patent term adjustment (PTA) provisions in view of the AIA Technical Corrections Act. 78 Fed. Reg. 19416. In…more Failure To Pay, Patent Applications, Patents, USPTO	See All Updates »
Jonathan M. Strang	The Interface Between District Court Litigation and Contested Office Proceedings under the AIA: Motions to Stay What is the standard for deciding a motion to stay in view of a contested office proceeding? Courts typically consider: (1) whether a stay will unduly prejudice or present a clear tactical disadvantage to the nonmoving…more	See All Updates »
Monica Riva Talley	The Trademark Registration Process in The United States In the United States, trademark rights are “common law” in nature, meaning that some trademark rights are acquired simply by selling goods and services designated by a particular mark in the U.S. However, there are significant…more Registration, Trademarks, USPTO	See All Updates »

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