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Enforcement Patents

Proskauer Rose LLP

FTC Focus: What Access To Patent Settlements Would Mean

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The Federal Trade Commission has pursued aggressive and creative expansion of its antitrust enforcement efforts under the Biden administration, and the pharmaceutical industry is no exception. Indeed, in a recent interview,...more

Foley & Lardner LLP

Yes, You Can Patent Food Products!

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Companies in the food and beverage industry might overlook significant advantages by not patenting their innovations. While there’s a common belief that “recipes” cannot be patented, unique formulations and other aspects of...more

Mintz - Intellectual Property Viewpoints

Understanding the 2024 USPTO Guidance Update on AI Patent Eligibility

The United States Patent and Trademark Office (USPTO) issued an important update to its guidance on patent subject matter eligibility under 35 U.S.C. § 101, specifically focusing on artificial intelligence (AI) and other...more

McDermott Will & Emery

Preliminary Injunction Upheld in Cancer Relapse Detection Case

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The US Court of Appeals for the Federal Circuit affirmed the grant of a preliminary injunction (PI) in the biopharmaceutical space, concluding that the plaintiff satisfied the requirements for injunctive relief, including...more

Akin Gump Strauss Hauer & Feld LLP

Make No Mistake: Patentee Held to Terminal Disclaimer that Referenced a Patent Incorrectly Identified by the Patent Office

A court in the Western District of Oklahoma dismissed a complaint as to one of the asserted patents where the patent included a terminal disclaimer stating that the patent would be enforceable only as long as it was co-owned...more

AEON Law

Patent Poetry: Patent and Trademark Offices Publish Study on NFT IP Issues

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The US Patent and Trademark Office (USPTO) and the Copyright Office have published the results of their joint study on non-fungible tokens (NFTs) and intellectual property (IP). The Report was created in response to a June...more

Vinson & Elkins LLP

Critical IP Issues Surrounding the Energy Transition

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A host of questions are arising about the intellectual property rights attached to energy transition projects because of enormous investments in the space and the cutting-edge technologies that follow. Energy transition...more

American Conference Institute (ACI)

[Event] 16th Annual Practitioners’ Think Tank on ITC Litigation & Enforcement - May 29th - 30th, Washington, DC

Returning to Washington in May, ACI’s 16th Annual Practitioners’ Think Tank on ITC Litigation & Enforcement is your opportunity to learn from and network with key members of the ITC Bench, senior ITC Attorneys and leading...more

Benesch

Navigating the Intersection of Intellectual Property and Artificial Intelligence

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In today's digital landscape, the convergence of intellectual property (IP) and artificial intelligence (AI) presents both unparalleled opportunities and unique challenges for businesses across industries. As AI continues to...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 PTAB Year in Review: Analysis & Trends: Federal Circuit Cases Exploring a Year of Rules, Rulemaking, and Rule Enforcement at...

A trio of cases this past year illustrate a trend of increasing importance in the power of Patent-Office rulemaking and enforcement, and the influence it has on patent owners and challengers alike....more

Mintz - Intellectual Property Viewpoints

How Compulsory Licenses Can Affect Domestic and Foreign Prosecution

Compulsory licensing is a practice that allows a third party to produce or use a patented product or process without the consent of the patent owner.  The practice may be implemented to ensure patent owners are utilizing the...more

Mintz - Intellectual Property Viewpoints

Picture Claims as an Effective Patent Strategy: Top 10 Reasons to Precisely Tailor Your Patent Claim

A “picture” claim refers to a patent claim precisely tailored to track a particular product’s important advantages and features. When drafting a patent application, one should describe various embodiments of the invention and...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Imperative Information on the New Unified Patent Court (UPC) Launching June 1

The new European Union Unified Patent Court (UPC) and Unitary Patent go live on June 1, 2023. Enterprises operating in Europe should understand the risks and rewards of this new system, one of the most significant...more

AEON Law

Patent Poetry: Can cannabis patents be enforced?

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Under the illegality doctrine, courts won’t enforce contracts or claims based on illegal acts. As Bloomberg Law notes, The illegality doctrine comes from the Highwayman’s case, a 1725 case in which an English court...more

Foley & Lardner LLP

Using Upfront IP Licensing to Reduce Future Supply Chain Disruptions

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Companies often enter into supply agreements for component parts that are covered by or produced using a supplier's intellectual property (IP) rights, but do not give enough thought to IP licensing. In the face of supply...more

Foley & Lardner LLP

Cannabis Mid-Year Update 2022

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Well into the third year of the global pandemic, with record inflation and the uncertain outcomes of geopolitical issues roiling global markets, the cannabis industry has nevertheless continued upon a similar path as recent...more

Foley & Lardner LLP

Do We Need a Small Claims Court for Patent Disputes?

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On May 3, 2022, the Administrative Conference of the United States (“ACUS”) announced that the United States Patent and Trademark Office (“USPTO”) had engaged ACUS to conduct an independent study into the issues associated...more

Linda Liu & Partners

Influence on Scope of Protection by Defining Steps in Process Claims of Chinese Patent

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According to the Guidelines for Patent Examination, a process claim shall usually be defined in terms of technical features such as technological process, operational conditions, steps, and procedures. However, the Guidelines...more

Fish & Richardson

Strategic IP Considerations of Batteries and Energy Storage Solutions

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The lithium-ion battery, introduced commercially in 1991, revolutionized the consumer electronics industry. Compared with older battery technologies, the lithium-ion battery was lightweight and compact, had high energy...more

Robins Kaplan LLP

[Webinar] Health Care Antitrust Under President Biden 2.0 - Almost One Year In: What Have We Learned About The Democrats’ Approach...

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In March 2021, our experienced intellectual property, antitrust, and health care litigation lawyers shared some predictions on antitrust policy and enforcement in the health care sector. In “Health Care Antitrust under...more

Porter Hedges LLP

Anticipating President Biden’s Intellectual Property Policy in an Historical Context

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Presidential administrations have affected intellectual property (IP) policy since the very beginning of United States history. In his first State of the Union address in 1790, President George Washington addressed patents....more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Clarifies Specific Personal Jurisdiction in Declaratory Judgment Actions

On May 12, in Trimble Inc. v. PerDiemCo LLC, the Federal Circuit reaffirmed that there is no general rule preventing patent enforcement letters from providing the basis for jurisdiction in a declaratory judgment action. The...more

Robins Kaplan LLP

[Remote Event] Health Care Antitrust Under President Biden - What Health Care Companies May Expect By Way Of Antitrust Policy And...

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After a turbulent year that roiled the economy, and the health care sector more than most, the Democrats emerged with control of both the White House and Congress for the first time since 2014. Business leaders and in-house...more

BCLP

U.S. Patent & Trademark Office Update: RCE Rule 1.114 Enforcement Change

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The United States Patent & Trademark Office (“USPTO”) recently changed its enforcement of 37 C.F.R. 1.114(e)(3) as it relates to an inventor’s oath or declaration, and the change may impact U.S. national stage applications...more

Foley & Lardner LLP

The Long Arm of American Enforcement: How Companies Without U.S. Operations Can Still Find Themselves Facing U.S. Law and...

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...Think your company and its employees are beyond the reach of U.S. authorities? Maybe you don’t have U.S. operations there, or your company isn’t publicly traded on a U.S. stock exchange. Perhaps you don’t directly sell or...more

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