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Kilpatrick

PTAB Issues 2nd Update to Trial Practice Guide—Access the Complete Trial Practice Guide, including all revisions to date, here!

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Yesterday (July 15th), the PTAB published a second update to its Trial Practice Guide. This second update is twice as long as the August 2018 update and relies extensively on the many recently-designated precedential and...more

Shook, Hardy & Bacon L.L.P.

Lessons And Challenges Arising Out Of The Federal Circuit’s New Focus On Factual Issues In “Patent Eligibility” Disputes

With its Alice and Mayo opinions, the U.S. Supreme Court dramatically changed how patent eligibility under 35 U.S.C. § 101 is defined. ...more

Ladas & Parry LLP

It’s 2018: The Impact Of IP Decisions From 2017

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2017 saw a bumper crop of Supreme Court decisions on intellectual property matters around the world including eight by the United States Supreme Court, two by the Canadian Supreme Court, and two by the United Kingdom Supreme...more

Troutman Pepper

Allergan’s Mohawk Gambit May Be Doomed – PTAB Rethinks the Scope of Sovereign Immunity

Troutman Pepper on

A few months ago, the Irish drug company Allergan moved to shield its key patents on its dry-eye drug Restasis from challenge at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent Office by assigning these patents to...more

Burns & Levinson LLP

Choosing the Ideal Venue for IP Disputes: Recent Developments in Federal Case Law

Burns & Levinson LLP on

The venue of a lawsuit can be a crucial, even dispositive, decision in managing the strategy of a successful outcome in an IP dispute. Defending a lawsuit on your home turf is often easier than in a distant state – defendants...more

Kilpatrick

At the ITC, It’s Always “Standing” Room Only

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Intellectual Ventures Refiles Against Auto Makers After Patent Assignment Fails ITC Scrutiny - The U.S. International Trade Commission (“ITC”) terminated an investigation because standing did not exist as of the date the...more

Schwabe, Williamson & Wyatt PC

Summaries of All Supreme Court and Precedential Federal Circuit Patent Cases Decided Since Jun. 1, 2016

This paper is based on reports on precedential patent cases decided by the Federal Circuit distributed by Peter Heuser on a weekly basis. ...more

Kilpatrick

5 Key Takeaways: Patent Litigation Trends

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Kilpatrick Townsend attorneys Andy Rinehart and Dr. Jennifer Giordano-Coltart recently presented their assessment of trends in patent litigation and prosecution at the firm’s annual patent CLE in Research Triangle Park....more

BakerHostetler

UK High Court Issues Important Ruling on Licensing of Standard Essential Patents

BakerHostetler on

On April 5, 2017, the High Court of Justice in the UK ruled that if a patent holder claims that a patent is essential under the ETSI IPR Policy, it must license that patent to third parties on fair, reasonable, and...more

Nutter McClennen & Fish LLP

PTAB Procedural Reform Initiative: Will the PTAB Become More Patent-Friendly?

Changes may be coming to Patent Trial and Appeal Board (PTAB) proceedings. The United States Patent and Trademark Office (USPTO) announced recently that it is launching an initiative to reform PTAB proceeding rules. The...more

Hogan Lovells

Beijing IP Court grants record patent damages & reimbursement of lawyers’ fees

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The Beijing IP Court recently made headlines by granting a record amount of damages for patent infringement -no less than RMB 49 million (USD7.15m)-, one of the highest amounts since the court was established in November...more

McDermott Will & Emery

PTAB Sanctions Successful IPR Petitioner, Awards Fees to Patent Owner

Addressing the “real parties in interest” requirement and claim construction issues in an inter partes review (IPR), the Patent Trial and Appeal Board (PTAB) sanctioned the petitioner for failing to disclose a corporate...more

McNees Wallace & Nurick LLC

Samsung Versus Apple in the Design Patent Wars: The Supreme Court Strikes Back – And Punts

In a December 6, 2016 opinion, the U.S. Supreme Court rendered the latest decision in the long-running war over smartphones between industry and cultural titans, Apple and Samsung. While many might have hoped for a clarifying...more

Faegre Drinker Biddle & Reath LLP

Avoiding CBM Proceedings Through Statutory Disclaimers: A Case-Study and a Look to the Future

Like a lizard shedding its tail to avoid capture, patent owners continue to escape Covered Business Method (CBM) proceedings by disclaiming claims clearly directed to financial products or services. Despite growing tension...more

Mintz - Intellectual Property Viewpoints

Another Friendly Reminder from the CAFC – Use of “the Present Invention” is Clear and Unequivocal Evidence of Disavowal

Disavowal can occur when a patent holder disavows the full scope of claim terms in the specification or during prosecution (e.g., through the doctrine of prosecution history estoppel). In either event, disavowal requires...more

McDermott Will & Emery

FTC Report on Patent Assertion Entities Recommends Patent Litigation Reform

McDermott Will & Emery on

On October 6, the Federal Trade Commission (FTC) released its report on patent assertion entity (PAE) activity. The report is the result of research that began in September 2014 to address a gap in the agency’s understanding...more

K&L Gates LLP

Practical Implications from the Federal Circuit’s Rare en Banc Reversal in Apple v. Samsung

K&L Gates LLP on

In a precedential opinion issued en banc on Friday, October 7, 2016, the Federal Circuit overturned a panel decision, affirming and reinstating the district court’s judgment and the jury’s verdict. The majority opinion...more

Saul Ewing LLP

Patent Owner Asserts 101 Ineligibility Is Not a Defense That Can Be Raised in Litigation

Saul Ewing LLP on

On September 26, 2016, RPost Communications Limited (“RPost”) filed a brief in the United States Court of Appeals for the Federal Circuit (“Federal Circuit”), arguing that the district court did not have statutory authority...more

Fenwick & West LLP

AliceStorm in the Dog Days of Summer

Fenwick & West LLP on

Over the past two months, the trends I've discussed in my previous blogs on AliceStorm have continued and become more entrenched. In particular, the Federal Circuit has been quite active, issuing nine decisions since late...more

Kelley Drye & Warren LLP

Supreme Court Confirms Patent Office’s Power To Regulate Inter Partes Reviews (Cuozzo V. Lee)

On June 20, 2016, the Supreme Court issued its awaited Cuozzo decision and gave strong deference to the U.S. Patent & Trademark Office (“Patent Office”) power (1) to make an unappealable determination to institute inter...more

Proskauer - New England IP Blog

Laches Defense Loses its Luster in LED Patent Dispute

In determining whether a laches defense applies to thwart a claim of patent infringement, courts must often shine a light upon murky and complicated factual scenarios. A Massachusetts court recently navigated such a scenario...more

Proskauer - New England IP Blog

In Onboard Wi-Fi Case, Covenant Not To Sue Has Wide Range

Judge Jeffrey Alker Meyer of the District of Connecticut recently released an opinion that is significant to litigants on either side of a covenant not to sue. In a complex case with a host of claims and counterclaims...more

BakerHostetler

Amended PTAB Rules to Take Effect on May 2, 2016

BakerHostetler on

On May 2, 2016, amended rules governing post-grant proceedings before the Patent and Trial Appeal Board (“PTAB”), including inter partes review (“IPR”), post-grant review (“PGR”), and covered business methods (“CBM”), will...more

Mintz - Intellectual Property Viewpoints

Key Lessons from Patent Litigation for Drafting and Prosecuting Utility Patent Applications

In almost every U.S. patent suit, the patentee’s counsel considers how the case could have been facilitated had the patent at issue been drafted and prosecuted differently. These considerations demonstrate that patents...more

Holland & Knight LLP

Federal Circuit Recognizes Privilege for Communications with Non-Lawyer Patent Agent

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In a significant ruling, the U.S. Court of Appeals for the Federal Circuit has recognized a new privilege shielding communications between patent applicants and their non-lawyer patent agents. The issue was one of first...more

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