News & Analysis as of

Due Diligence Patent Litigation

Knobbe Martens

Navigating the Regulatory Landscape: FDA Approval and Patent Protection for Software as a Medical Device

Knobbe Martens on

Software is increasingly used as a medical device, transforming the healthcare industry with the goal of improving patient outcomes. However, developing software as a medical device involves navigating complex and evolving...more

Morgan Lewis

What’s Driving the Future of Asia’s Tech Scene: Key Trends and Regulatory Updates

Morgan Lewis on

Heading into 2023, Asia’s tech scene is well-positioned for strong growth potential. As with any industry where advancement and innovation are outpacing regulation, the complex landscape can be difficult for businesses to...more

Goldberg Segalla

Federal Circuit Further Clarifies IPR Estoppel in California Institute of Technology v. Broadcom Limited

Goldberg Segalla on

Key Takeaways - Inter partes review (IPR) estoppel applies to all invalidity grounds that were and could have been reasonably asserted against the claims challenged in the IPR petition. Parties should decide whether...more

Proskauer - Minding Your Business

What Took You So Long? District Court Denies Leave to Amend Patent Infringement Contentions Finding Plaintiff Didn’t Act...

The United States District Court for the District of Massachusetts recently denied a motion by Philips North America seeking leave of the Court to amend its claims of patent infringement against Fitbit to include several...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2021 #2

Cap Export, LLC v. Zinus, Inc., Appeal No. 2020-2087 (Fed. Cir. May 5, 2021) - The Federal Circuit issued a single precedential patent case this week. The district court set aside a judgement and injunction originally in...more

Smart & Biggar

Protecting innovations through patent due diligence and FTO analysis

Smart & Biggar on

Innovations that arise in competitive markets with a well-developed and rapidly evolving intellectual property space often integrate several pre-existing technologies from various scientific and engineering disciplines. If...more

Jones Day

Federal Circuit says the PTAB used the Wrong Shade of Diligence

Jones Day on

As the sayings go, diligence is the mother of good luck, and necessity is the mother of invention. But for patents that fall under the pre-AIA, first-to-invent, system, proving diligence can be a necessity for invention. In...more

McDermott Will & Emery

Reasonably Continuous Diligence to Reduction to Practice is Enough

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit explained that diligence towards reduction to practice may be established by a showing of reasonably continuous activity. ATI Techs. ULC v. Iancu, Case Nos. 2016-2222, -2406,...more

Mintz - Intellectual Property Viewpoints

Understanding Antedating of a Prior Art Reference for a Patent

The Federal Circuit’s decision in ATI Technologies ULC v. Iancu (April 11, 2019) highlights the proper standard to use in evaluating whether a claimed invention was reduced to practice before the effective date of a prior art...more

Knobbe Martens

ATI Technologies ULC v. Iancu

Knobbe Martens on

Before Newman, O’Malley, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary: Diligence requires “reasonably continuous diligence” and is not negated if the inventor works on improvements and evaluates...more

Smart & Biggar

On the (Quebec Health) Record: the Federal Court holds the Quebec government liable for patent infringement

Smart & Biggar on

In a digital-age David versus Goliath case, Dr. Luc Bessette has come head-to-head with the Quebec government in a battle over rights to a technology solution that provides shared access to critical medical information...more

Hogan Lovells

US: Supreme Court hears argument on constitutionality of inter partes review

Hogan Lovells on

On November 27, 2017, the Supreme Court heard oral arguments in a case that will determine the constitutionality of inter partes review, a proceeding before the United States Patent and Trademark Office’s Patent Trial and...more

Foley & Lardner LLP

Estoppel Prevents Second IPR Petition Even When New References Were Missed By First Search

Foley & Lardner LLP on

In a case that appears to be a case of first impression, the PTAB found in its decision denying institution in IPR2016-00781 that a final written decision in an earlier IPR created estoppel under 35 U.S.C. § 315(e)(1),...more

Foley & Lardner LLP

Patent Due Diligence: All That Glitters May Not Be PTAB Gold

Foley & Lardner LLP on

An obvious but sometimes overlooked item when conducting patent due diligence is to check for PTAB proceedings (CBM, IPR, or PGR). Although the Patent Application Information Retrieval System (PAIR) does show whether patents...more

Foley & Lardner LLP

Dueling Records: Are Statements in Your 510(k) Putting Your Patents at Risk?

Foley & Lardner LLP on

Laboratory developed test (LDT) providers, previously exempt from U.S. Food and Drug Administration (FDA) oversight, under a new FDA proposal, must now consider if their LDTs constitute moderate-risk (Class II) or high-risk...more

McDonnell Boehnen Hulbert & Berghoff LLP

In re Steed (Fed. Cir. 2015) - Swearing Behind Reference Still Requires Proof of (Timely Filed) Evidence

Thomas Steed, Sourav Bhattacharya, and Sandeep Seshadrijois (collectively "Steed") filed a patent application entitled "Web-Integrated On-Line Financial Database System and Method for Debt Recovery," on April 6, 2004, with...more

McDermott Will & Emery

International News: Focus on Private Equity

Our Focus on Private Equity provides a global perspective on some of the challenges being faced by PE firms and how these can be successfully addressed. It also examines some of the many opportunities available, e.g., by...more

BakerHostetler

Kimble v. Marvel Changes How Patent Licenses Should Be Drafted and Also Diligenced in Transactions

BakerHostetler on

In 1990, Stephen Kimble obtained a patent for a toy that allowed children and adults to shoot “webs” from the palms of their hands. Kimble met with the president of Marvel Enterprises, Marvel Entertainment’s predecessor, to...more

18 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide